As Passed by the House

126th General Assembly
Regular Session
2005-2006
Am. Sub. S. B. No. 260


Senators Austria, Spada, Amstutz, Armbruster, Carey, Cates, Clancy, Coughlin, Dann, Fingerhut, Gardner, Goodman, Grendell, Hagan, Harris, Hottinger, Jacobson, Jordan, Kearney, Mumper, Niehaus, Padgett, Schuler, Schuring, Stivers, Wachtmann, Wilson, Zurz, Fedor, Miller, R., Roberts 

Representatives Latta, Evans, D., Hughes, Gilb, Yuko, Boccieri, Bubp, Collier, Combs, DeBose, DeGeeter, Dolan, Domenick, Driehaus, Evans, C., Faber, Fende, Flowers, Gibbs, Hagan, Koziura, Law, Mason, McGregor, J., McGregor, R., Mitchell, Oelslager, Otterman, Patton, T., Peterson, Raussen, Reidelbach, Sayre, Schaffer, Schneider, Seaver, Seitz, Smith, G., Stewart, J., Trakas, Uecker, Ujvagi, Wagoner, Webster, White, D., White, J., Widener, Widowfield, Williams 

A BILL
To amend sections 109.42, 2743.191, 2903.212, 1
2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2
2921.34, 2923.02, 2929.01, 2929.13, 2929.14, 3
2929.19, 2930.16, 2941.148, 2950.01, 2950.09, 4
2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 5
2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 6
3109.04, 3113.31, 5120.49, 5120.61, 5120.66, and 7
5149.10 and to enact sections 2941.1418, 8
2941.1419, and 2941.1420 of the Revised Code to 9
change the penalties and conditions when a person 10
is convicted of rape or attempted rape and the 11
victim is less than 13; to increase the penalty 12
for importuning and establish a presumption for a 13
prison term if the victim is under 13; to require 14
the Department of Rehabilitation and Correction to 15
notify sheriffs of the release of sex offenders 16
and child-victim oriented offenders and to require 17
BCII to include on its Internet sex offender 18
database, and sheriffs who operate on the Internet 19
a sex offender database, to include on the 20
database the information received about the 21
offender; to provide for the consideration of 22
specified convictions of members of the household 23
of a parent in making child custody 24
determinations; to modify provision regarding 25
protection orders for victims of sexually oriented 26
offenses; and to declare an emergency.27


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 109.42, 2743.191, 2903.212, 28
2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02, 29
2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 30
2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03, 31
2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49, 32
5120.61, 5120.66, and 5149.10 be amended and sections 2941.1418, 33
2941.1419, and 2941.1420 of the Revised Code be enacted to read as 34
follows:35

       Sec. 109.42.  (A) The attorney general shall prepare and have 36
printed a pamphlet that contains a compilation of all statutes 37
relative to victim's rights in which the attorney general lists 38
and explains the statutes in the form of a victim's bill of39
rights. The attorney general shall distribute the pamphlet to all40
sheriffs, marshals, municipal corporation and township police41
departments, constables, and other law enforcement agencies, to42
all prosecuting attorneys, city directors of law, village43
solicitors, and other similar chief legal officers of municipal44
corporations, and to organizations that represent or provide45
services for victims of crime. The victim's bill of rights set46
forth in the pamphlet shall contain a description of all of the47
rights of victims that are provided for in Chapter 2930. or in any48
other section of the Revised Code and shall include, but not be49
limited to, all of the following:50

       (1) The right of a victim or a victim's representative to51
attend a proceeding before a grand jury, in a juvenile case, or in52
a criminal case pursuant to a subpoena without being discharged53
from the victim's or representative's employment, having the54
victim's or representative's employment terminated, having the55
victim's or representative's pay decreased or withheld, or56
otherwise being punished, penalized, or threatened as a result of57
time lost from regular employment because of the victim's or58
representative's attendance at the proceeding pursuant to the59
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or60
2945.451 of the Revised Code;61

       (2) The potential availability pursuant to section 2151.35962
or 2152.61 of the Revised Code of a forfeited recognizance to pay63
damages caused by a child when the delinquency of the child or64
child's violation of probation or community control is found to be65
proximately caused by the failure of the child's parent or66
guardian to subject the child to reasonable parental authority or67
to faithfully discharge the conditions of probation or community68
control;69

       (3) The availability of awards of reparations pursuant to70
sections 2743.51 to 2743.72 of the Revised Code for injuries71
caused by criminal offenses;72

       (4) The right of the victim in certain criminal or juvenile73
cases or a victim's representative to receive, pursuant to section74
2930.06 of the Revised Code, notice of the date, time, and place75
of the trial or delinquency proceeding in the case or, if there76
will not be a trial or delinquency proceeding, information from77
the prosecutor, as defined in section 2930.01 of the Revised Code,78
regarding the disposition of the case;79

       (5) The right of the victim in certain criminal or juvenile80
cases or a victim's representative to receive, pursuant to section81
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the82
name of the person charged with the violation, the case or docket83
number assigned to the charge, and a telephone number or numbers84
that can be called to obtain information about the disposition of85
the case;86

       (6) The right of the victim in certain criminal or juvenile87
cases or of the victim's representative pursuant to section88
2930.13 or 2930.14 of the Revised Code, subject to any reasonable89
terms set by the court as authorized under section 2930.14 of the90
Revised Code, to make a statement about the victimization and, if91
applicable, a statement relative to the sentencing or disposition92
of the offender;93

       (7) The opportunity to obtain a court order, pursuant to94
section 2945.04 of the Revised Code, to prevent or stop the95
commission of the offense of intimidation of a crime victim or96
witness or an offense against the person or property of the97
complainant, or of the complainant's ward or child;98

       (8) The right of the victim in certain criminal or juvenile99
cases or a victim's representative pursuant to sections 2151.38,100
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to101
receive notice of a pending motion for judicial release or early102
release of the person who committed the offense against the103
victim, to make an oral or written statement at the court hearing104
on the motion, and to be notified of the court's decision on the105
motion;106

       (9) The right of the victim in certain criminal or juvenile107
cases or a victim's representative pursuant to section 2930.16,108
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice109
of any pending commutation, pardon, parole, transitional control,110
discharge, other form of authorized release, post-release control,111
or supervised release for the person who committed the offense112
against the victim or any application for release of that person113
and to send a written statement relative to the victimization and114
the pending action to the adult parole authority or the release115
authority of the department of youth services;116

       (10) The right of the victim to bring a civil action pursuant 117
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 118
from the offender's profit fund;119

       (11) The right, pursuant to section 3109.09 of the Revised120
Code, to maintain a civil action to recover compensatory damages121
not exceeding ten thousand dollars and costs from the parent of a122
minor who willfully damages property through the commission of an123
act that would be a theft offense, as defined in section 2913.01124
of the Revised Code, if committed by an adult;125

       (12) The right, pursuant to section 3109.10 of the Revised126
Code, to maintain a civil action to recover compensatory damages127
not exceeding ten thousand dollars and costs from the parent of a128
minor who willfully and maliciously assaults a person;129

       (13) The possibility of receiving restitution from an130
offender or a delinquent child pursuant to section 2152.20,131
2929.18, or 2929.28 of the Revised Code;132

       (14) The right of the victim in certain criminal or juvenile133
cases or a victim's representative, pursuant to section 2930.16 of134
the Revised Code, to receive notice of the escape from confinement135
or custody of the person who committed the offense, to receive136
that notice from the custodial agency of the person at the137
victim's last address or telephone number provided to the138
custodial agency, and to receive notice that, if either the139
victim's address or telephone number changes, it is in the140
victim's interest to provide the new address or telephone number141
to the custodial agency;142

       (15) The right of a victim of domestic violence to seek the 143
issuance of a civil protection order pursuant to section 3113.31144
of the Revised Code, the right of a victim of a violation of 145
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 146
of the Revised Code, a violation of a substantially similar 147
municipal ordinance, or an offense of violence who is a family or 148
household member of the offender at the time of the offense to 149
seek the issuance of a temporary protection order pursuant to 150
section 2919.26 of the Revised Code, and the right of both types 151
of victims to be accompanied by a victim advocate during court152
proceedings;153

       (16) The right of a victim of a sexually oriented offense154
that is not a registration-exempt sexually oriented offense or of 155
a child-victim oriented offense that is committed by a person who 156
is convicted of or pleads guilty to an aggravated sexually 157
oriented offense, by a person who is adjudicated a sexual predator 158
or child-victim predator, or, in certain cases, by a person who is 159
determined to be a habitual sex offender or habitual child-victim 160
offender to receive, pursuant to section 2950.10 of the Revised 161
Code, notice that the person has registered with a sheriff under 162
section 2950.04, 2950.041, or 2950.05 of the Revised Code and163
notice of the person's name, the person's residence that is 164
registered, and the offender's school, institution of higher 165
education, or place of employment address or addresses that are 166
registered, the person's photograph, and a summary of the manner 167
in which the victim must make a request to receive the notice. As 168
used in this division, "sexually oriented offense," "adjudicated a 169
sexual predator," "habitual sex offender," "registration-exempt 170
sexually oriented offense," "aggravated sexually oriented 171
offense," "child-victim oriented offense," "adjudicated a 172
child-victim predator," and "habitual child-victim offender" have 173
the same meanings as in section 2950.01 of the Revised Code.174

       (17) The right of a victim of certain sexually violent175
offenses committed by an offender who also is convicted of or 176
pleads guilty to a sexually violent predator specification and who 177
is sentenced to a prison term pursuant to division (A)(3) of 178
section 2971.03 of the Revised Code, of a victim of a violation of 179
division (A)(1)(b) of section 2907.02 of the Revised Code 180
committed on or after the effective date of this amendment by an 181
offender who is sentenced for the violation pursuant to division 182
(B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code, and 183
of a victim of an attempted rape committed on or after the 184
effective date of this amendment by an offender who also is 185
convicted of or pleads guilty to a specification of the type 186
described in section 2941.1418, 2941.1419, or 2941.1420 of the 187
Revised Code and is sentenced for the violation pursuant to 188
division (B)(2(a), (b), or (c) of section 2971.03, to receive, 189
pursuant to section 2930.16 of the Revised Code, notice of a 190
hearing to determine whether to modify the requirement that the 191
offender serve the entire prison term in a state correctional 192
facility, whether to continue, revise, or revoke any existing 193
modification of that requirement, or whether to terminate the 194
prison term. As used in this division, "sexually violent offense" 195
and "sexually violent predator specification" have the same196
meanings as in section 2971.01 of the Revised Code.197

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a198
prosecuting attorney, assistant prosecuting attorney, city199
director of law, assistant city director of law, village200
solicitor, assistant village solicitor, or similar chief legal201
officer of a municipal corporation or an assistant of any of those202
officers who prosecutes an offense committed in this state, upon203
first contact with the victim of the offense, the victim's family,204
or the victim's dependents, shall give the victim, the victim's205
family, or the victim's dependents a copy of the pamphlet prepared206
pursuant to division (A) of this section and explain, upon207
request, the information in the pamphlet to the victim, the208
victim's family, or the victim's dependents.209

       (b) Subject to division (B)(1)(c) of this section, a law210
enforcement agency that investigates an offense or delinquent act211
committed in this state shall give the victim of the offense or212
delinquent act, the victim's family, or the victim's dependents a213
copy of the pamphlet prepared pursuant to division (A) of this214
section at one of the following times:215

       (i) Upon first contact with the victim, the victim's family,216
or the victim's dependents;217

       (ii) If the offense or delinquent act is an offense of218
violence, if the circumstances of the offense or delinquent act219
and the condition of the victim, the victim's family, or the220
victim's dependents indicate that the victim, the victim's family,221
or the victim's dependents will not be able to understand the222
significance of the pamphlet upon first contact with the agency,223
and if the agency anticipates that it will have an additional224
contact with the victim, the victim's family, or the victim's225
dependents, upon the agency's second contact with the victim, the226
victim's family, or the victim's dependents.227

       If the agency does not give the victim, the victim's family,228
or the victim's dependents a copy of the pamphlet upon first229
contact with them and does not have a second contact with the230
victim, the victim's family, or the victim's dependents, the231
agency shall mail a copy of the pamphlet to the victim, the232
victim's family, or the victim's dependents at their last known233
address.234

       (c) In complying on and after December 9, 1994, with the235
duties imposed by division (B)(1)(a) or (b) of this section, an236
official or a law enforcement agency shall use copies of the237
pamphlet that are in the official's or agency's possession on238
December 9, 1994, until the official or agency has distributed all239
of those copies. After the official or agency has distributed all240
of those copies, the official or agency shall use only copies of241
the pamphlet that contain at least the information described in 242
divisions (A)(1) to (17) of this section.243

       (2) The failure of a law enforcement agency or of a244
prosecuting attorney, assistant prosecuting attorney, city245
director of law, assistant city director of law, village246
solicitor, assistant village solicitor, or similar chief legal247
officer of a municipal corporation or an assistant to any of those248
officers to give, as required by division (B)(1) of this section,249
the victim of an offense or delinquent act, the victim's family,250
or the victim's dependents a copy of the pamphlet prepared251
pursuant to division (A) of this section does not give the victim,252
the victim's family, the victim's dependents, or a victim's253
representative any rights under section 2743.51 to 2743.72, 254
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the 255
Revised Code or under any other provision of the Revised Code and 256
does not affect any right under those sections.257

       (3) A law enforcement agency, a prosecuting attorney or258
assistant prosecuting attorney, or a city director of law,259
assistant city director of law, village solicitor, assistant260
village solicitor, or similar chief legal officer of a municipal261
corporation that distributes a copy of the pamphlet prepared262
pursuant to division (A) of this section shall not be required to263
distribute a copy of an information card or other printed material264
provided by the clerk of the court of claims pursuant to section265
2743.71 of the Revised Code.266

       (C) The cost of printing and distributing the pamphlet267
prepared pursuant to division (A) of this section shall be paid268
out of the reparations fund, created pursuant to section 2743.191269
of the Revised Code, in accordance with division (D) of that270
section.271

       (D) As used in this section:272

       (1) "Victim's representative" has the same meaning as in273
section 2930.01 of the Revised Code;274

       (2) "Victim advocate" has the same meaning as in section275
2919.26 of the Revised Code.276

       Sec. 2743.191.  (A)(1) There is hereby created in the state277
treasury the reparations fund, which shall be used only for the278
following purposes:279

       (a) The payment of awards of reparations that are granted by280
the attorney general;281

       (b) The compensation of any personnel needed by the attorney282
general to administer sections 2743.51 to 2743.72 of the Revised283
Code;284

       (c) The compensation of witnesses as provided in division (J)285
of section 2743.65 of the Revised Code;286

       (d) Other administrative costs of hearing and determining287
claims for an award of reparations by the attorney general;288

       (e) The costs of administering sections 2907.28 and 2969.01289
to 2969.06 of the Revised Code;290

       (f) The costs of investigation and decision-making as291
certified by the attorney general;292

       (g) The provision of state financial assistance to victim293
assistance programs in accordance with sections 109.91 and 109.92294
of the Revised Code;295

       (h) The costs of paying the expenses of sex offense-related296
examinations and antibiotics pursuant to section 2907.28 of the297
Revised Code;298

       (i) The cost of printing and distributing the pamphlet299
prepared by the attorney general pursuant to section 109.42 of the300
Revised Code;301

       (j) Subject to division (D) of section 2743.71 of the Revised302
Code, the costs associated with the printing and providing of303
information cards or other printed materials to law enforcement304
agencies and prosecuting authorities and with publicizing the305
availability of awards of reparations pursuant to section 2743.71306
of the Revised Code;307

       (k) The payment of costs of administering a DNA specimen308
collection procedure pursuant to sections 2152.74 and 2901.07 of 309
the Revised Code, of performing DNA analysis of those DNA310
specimens, and of entering the resulting DNA records regarding311
those analyses into the DNA database pursuant to section 109.573312
of the Revised Code;313

       (l) The payment of actual costs associated with initiatives 314
by the attorney general for the apprehension, prosecution, and 315
accountability of offenders, and the enhancing of services to 316
crime victims. The amount of payments made pursuant to division 317
(A)(1)(l) of this section during any given fiscal year shall not 318
exceed five per cent of the balance of the reparations fund at the 319
close of the immediately previous fiscal year;320

       (m) The costs of administering the adult parole authority's 321
supervision of sexually violent predators with an active global 322
positioning system device pursuant to division (E) of section 323
2971.05 of the Revised Code of sexually violent predators who are 324
sentenced to a prison term pursuant to division (A)(3) of section 325
2971.03 of the Revised Code, of offenders who are sentenced to a 326
prison term pursuant to division (B)(1)(a), (b), or (c) of that 327
section for a violation of division (A)(1)(b) of section 2907.02 328
of the Revised Code, and of offenders who are sentenced to a 329
prison term pursuant to division (B)(2)(a), (b), or (c) of section 330
2971.03 of the Revised Code for attempted rape and a specification 331
of the type described in section 2941.1418, 2941.1419, 2941.1420 332
of the Revised Code.333

       (2) All costs paid pursuant to section 2743.70 of the Revised334
Code, the portions of license reinstatement fees mandated by335
division (F)(2)(b) of section 4511.191 of the Revised Code to be336
credited to the fund, the portions of the proceeds of the sale of337
a forfeited vehicle specified in division (C)(2) of section338
4503.234 of the Revised Code, payments collected by the department339
of rehabilitation and correction from prisoners who voluntarily340
participate in an approved work and training program pursuant to341
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and342
all moneys collected by the state pursuant to its right of343
subrogation provided in section 2743.72 of the Revised Code shall344
be deposited in the fund.345

       (B) In making an award of reparations, the attorney general346
shall render the award against the state. The award shall be347
accomplished only through the following procedure, and the348
following procedure may be enforced by writ of mandamus directed349
to the appropriate official:350

       (1) The attorney general shall provide for payment of the351
claimant or providers in the amount of the award only if the 352
amount of the award is fifty dollars or more.353

       (2) The expense shall be charged against all available354
unencumbered moneys in the fund.355

       (3) If sufficient unencumbered moneys do not exist in the356
fund, the attorney general shall make application for payment of357
the award out of the emergency purposes account or any other358
appropriation for emergencies or contingencies, and payment out of359
this account or other appropriation shall be authorized if there360
are sufficient moneys greater than the sum total of then pending361
emergency purposes account requests or requests for releases from362
the other appropriations.363

       (4) If sufficient moneys do not exist in the account or any364
other appropriation for emergencies or contingencies to pay the365
award, the attorney general shall request the general assembly to366
make an appropriation sufficient to pay the award, and no payment367
shall be made until the appropriation has been made. The attorney368
general shall make this appropriation request during the current369
biennium and during each succeeding biennium until a sufficient370
appropriation is made. If, prior to the time that an appropriation 371
is made by the general assembly pursuant to this division, the 372
fund has sufficient unencumbered funds to pay the award or part of 373
the award, the available funds shall be used to pay the award or 374
part of the award, and the appropriation request shall be amended 375
to request only sufficient funds to pay that part of the award 376
that is unpaid.377

       (C) The attorney general shall not make payment on a decision378
or order granting an award until all appeals have been determined 379
and all rights to appeal exhausted, except as otherwise provided 380
in this section. If any party to a claim for an award of381
reparations appeals from only a portion of an award, and a382
remaining portion provides for the payment of money by the state,383
that part of the award calling for the payment of money by the384
state and not a subject of the appeal shall be processed for385
payment as described in this section.386

       (D) The attorney general shall prepare itemized bills for the 387
costs of printing and distributing the pamphlet the attorney388
general prepares pursuant to section 109.42 of the Revised Code.389
The itemized bills shall set forth the name and address of the390
persons owed the amounts set forth in them.391

       (E) As used in this section, "DNA analysis" and "DNA392
specimen" have the same meanings as in section 109.573 of the393
Revised Code.394

       Sec. 2903.212.  (A) Except when the complaint involves a395
person who is a family or household member as defined in section396
2919.25 of the Revised Code, if a person is charged with a397
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of398
the Revised Code or, a violation of a municipal ordinance that is399
substantially similar to one of those sections, or a sexually 400
oriented offense and if the person, at the time of the alleged 401
violation, was subject to the terms of any order issued pursuant 402
to section 2903.213, 2933.08, or 2945.04 of the Revised Code or 403
previously had been convicted of or pleaded guilty to a violation 404
of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 405
Code that involves the same complainant or, a violation of a 406
municipal ordinance that is substantially similar to one of those 407
sections and that involves the same complainant, or a sexually 408
oriented offense that involves the same complainant, the court 409
shall consider all of the following, in addition to any other 410
circumstances considered by the court and notwithstanding any 411
provisions to the contrary contained in Criminal Rule 46, before 412
setting the amount and conditions of the bail for the person:413

       (1) Whether the person has a history of violence toward the 414
complainant or a history of other violent acts;415

       (2) The mental health of the person;416

       (3) Whether the person has a history of violating the orders 417
of any court or governmental entity;418

       (4) Whether the person is potentially a threat to any other 419
person;420

       (5) Whether setting bail at a high level will interfere with 421
any treatment or counseling that the person is undergoing.422

       (B) Any court that has jurisdiction over violations of423
section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised424
Code or, violations of a municipal ordinance that is substantially425
similar to one of those sections, or sexually oriented offenses426
may set a schedule for bail to be used in cases involving those 427
violations. The schedule shall require that a judge consider all 428
of the factors listed in division (A) of this section and may 429
require judges to set bail at a certain level or impose other 430
reasonable conditions related to a release on bail or on 431
recognizance if the history of the alleged offender or the 432
circumstances of the alleged offense meet certain criteria in the 433
schedule.434

       (C) As used in this section, "sexually oriented offense" has 435
the same meaning as in section 2950.01 of the Revised Code.436

       Sec. 2903.213.  (A) Except when the complaint involves a437
person who is a family or household member as defined in section438
2919.25 of the Revised Code, upon the filing of a complaint that439
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,440
2903.211, 2903.22, or 2911.211 of the Revised Code or, a violation441
of a municipal ordinance substantially similar to section 2903.13,442
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 443
the commission of a sexually oriented offense, the complainant, 444
the alleged victim, or a family or household member of an alleged 445
victim may file a motion that requests the issuance of a 446
protection order as a pretrial condition of release of the alleged 447
offender, in addition to any bail set under Criminal Rule 46. The 448
motion shall be filed with the clerk of the court that has 449
jurisdiction of the case at any time after the filing of the450
complaint. If the complaint involves a person who is a family or451
household member, the complainant, the alleged victim, or the452
family or household member may file a motion for a temporary453
protection order pursuant to section 2919.26 of the Revised Code.454

       (B) A motion for a protection order under this section shall455
be prepared on a form that is provided by the clerk of the court,456
and the form shall be substantially as follows:457

"Motion for Protection Order
458

............................
459

Name and address of court
460

State of Ohio461

v. No. .......... 462

.............................463

Name of Defendant464

(Name of person), moves the court to issue a protection order465
containing terms designed to ensure the safety and protection of466
the complainant or the alleged victim in the above-captioned case,467
in relation to the named defendant, pursuant to its authority to468
issue a protection order under section 2903.213 of the Revised469
Code.470

       A complaint, a copy of which has been attached to this471
motion, has been filed in this court charging the named defendant472
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,473
2903.211, 2903.22, or 2911.211 of the Revised Code or, a violation474
of a municipal ordinance substantially similar to section 2903.13,475
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 476
the commission of a sexually oriented offense.477

       I understand that I must appear before the court, at a time478
set by the court not later than the next day that the court is in479
session after the filing of this motion, for a hearing on the480
motion, and that any protection order granted pursuant to this481
motion is a pretrial condition of release and is effective only482
until the disposition of the criminal proceeding arising out of483
the attached complaint or until the issuance under section484
2903.214 of the Revised Code of a protection order arising out of485
the same activities as those that were the basis of the attached486
complaint.487

.....................................488

Signature of person489

.....................................490

Address of person"491

       (C)(1) As soon as possible after the filing of a motion that492
requests the issuance of a protection order under this section,493
but not later than the next day that the court is in session after494
the filing of the motion, the court shall conduct a hearing to495
determine whether to issue the order. The person who requested the 496
order shall appear before the court and provide the court with the497
information that it requests concerning the basis of the motion.498
If the court finds that the safety and protection of the499
complainant or the alleged victim may be impaired by the continued500
presence of the alleged offender, the court may issue a protection501
order under this section, as a pretrial condition of release, that502
contains terms designed to ensure the safety and protection of the503
complainant or the alleged victim, including a requirement that504
the alleged offender refrain from entering the residence, school,505
business, or place of employment of the complainant or the alleged506
victim.507

       (2)(a) If the court issues a protection order under this508
section that includes a requirement that the alleged offender509
refrain from entering the residence, school, business, or place of510
employment of the complainant or the alleged victim, the order511
shall clearly state that the order cannot be waived or nullified512
by an invitation to the alleged offender from the complainant, the513
alleged victim, or a family or household member to enter the514
residence, school, business, or place of employment or by the515
alleged offender's entry into one of those places otherwise upon516
the consent of the complainant, the alleged victim, or a family or517
household member.518

       (b) Division (C)(2)(a) of this section does not limit any519
discretion of a court to determine that an alleged offender520
charged with a violation of section 2919.27 of the Revised Code,521
with a violation of a municipal ordinance substantially equivalent522
to that section, or with contempt of court, which charge is based523
on an alleged violation of a protection order issued under this524
section, did not commit the violation or was not in contempt of525
court.526

       (D)(1) Except when the complaint involves a person who is a527
family or household member as defined in section 2919.25 of the528
Revised Code, upon the filing of a complaint that alleges a529
violation specified in division (A) of this section, the court,530
upon its own motion, may issue a protection order under this531
section as a pretrial condition of release of the alleged offender532
if it finds that the safety and protection of the complainant or533
the alleged victim may be impaired by the continued presence of534
the alleged offender.535

       (2) If the court issues a protection order under this section 536
as an ex parte order, it shall conduct, as soon as possible after 537
the issuance of the order but not later than the next day that the 538
court is in session after its issuance, a hearing to determine 539
whether the order should remain in effect, be modified, or be 540
revoked. The hearing shall be conducted under the standards set 541
forth in division (C) of this section.542

       (3) If a municipal court or a county court issues a543
protection order under this section and if, subsequent to the544
issuance of the order, the alleged offender who is the subject of545
the order is bound over to the court of common pleas for546
prosecution of a felony arising out of the same activities as547
those that were the basis of the complaint upon which the order is548
based, notwithstanding the fact that the order was issued by a549
municipal court or county court, the order shall remain in effect,550
as though it were an order of the court of common pleas, while the551
charges against the alleged offender are pending in the court of552
common pleas, for the period of time described in division (E)(2)553
of this section, and the court of common pleas has exclusive554
jurisdiction to modify the order issued by the municipal court or555
county court. This division applies when the alleged offender is556
bound over to the court of common pleas as a result of the person557
waiving a preliminary hearing on the felony charge, as a result of558
the municipal court or county court having determined at a559
preliminary hearing that there is probable cause to believe that560
the felony has been committed and that the alleged offender561
committed it, as a result of the alleged offender having been562
indicted for the felony, or in any other manner.563

       (E) A protection order that is issued as a pretrial condition 564
of release under this section:565

       (1) Is in addition to, but shall not be construed as a part566
of, any bail set under Criminal Rule 46;567

       (2) Is effective only until the disposition, by the court568
that issued the order or, in the circumstances described in569
division (D)(3) of this section, by the court of common pleas to570
which the alleged offender is bound over for prosecution, of the571
criminal proceeding arising out of the complaint upon which the572
order is based or until the issuance under section 2903.214 of the573
Revised Code of a protection order arising out of the same574
activities as those that were the basis of the complaint filed575
under this section;576

       (3) Shall not be construed as a finding that the alleged577
offender committed the alleged offense and shall not be introduced578
as evidence of the commission of the offense at the trial of the579
alleged offender on the complaint upon which the order is based.580

       (F) A person who meets the criteria for bail under Criminal581
Rule 46 and who, if required to do so pursuant to that rule,582
executes or posts bond or deposits cash or securities as bail,583
shall not be held in custody pending a hearing before the court on584
a motion requesting a protection order under this section.585

       (G)(1) A copy of a protection order that is issued under this 586
section shall be issued by the court to the complainant, to the 587
alleged victim, to the person who requested the order, to the588
defendant, and to all law enforcement agencies that have589
jurisdiction to enforce the order. The court shall direct that a590
copy of the order be delivered to the defendant on the same day591
that the order is entered. If a municipal court or a county court592
issues a protection order under this section and if, subsequent to593
the issuance of the order, the defendant who is the subject of the594
order is bound over to the court of common pleas for prosecution595
as described in division (D)(3) of this section, the municipal596
court or county court shall direct that a copy of the order be597
delivered to the court of common pleas to which the defendant is598
bound over.599

       (2) All law enforcement agencies shall establish and maintain 600
an index for the protection orders delivered to the agencies 601
pursuant to division (G)(1) of this section. With respect to each 602
order delivered, each agency shall note on the index the date and 603
time of the agency's receipt of the order.604

       (3) Regardless of whether the petitioner has registered the605
protection order in the county in which the officer's agency has606
jurisdiction, any officer of a law enforcement agency shall607
enforce a protection order issued pursuant to this section in608
accordance with the provisions of the order.609

       (H) Upon a violation of a protection order issued pursuant to 610
this section, the court may issue another protection order under611
this section, as a pretrial condition of release, that modifies 612
the terms of the order that was violated.613

       (I) Notwithstanding any provision of law to the contrary and614
regardless of whether a protection order is issued or a consent615
agreement is approved by a court of another county or by a court616
of another state, no court or unit of state or local government617
shall charge any fee, cost, deposit, or money in connection with 618
the filing of a motion pursuant to this section, in connection 619
with the filing, issuance, registration, or service of a 620
protection order or consent agreement, or for obtaining certified 621
copies of a protection order or consent agreement.622

       (J) As used in this section, "sexually oriented offense" has 623
the same meaning as in section 2950.01 of the Revised Code.624

       Sec. 2903.214.  (A) As used in this section:625

       (1) "Court" means the court of common pleas of the county in626
which the person to be protected by the protection order resides.627

       (2) "Victim advocate" means a person who provides support and 628
assistance for a person who files a petition under this section.629

       (3) "Family or household member" has the same meaning as in630
section 3113.31 of the Revised Code.631

       (4) "Protection order issued by a court of another state" has 632
the same meaning as in section 2919.27 of the Revised Code.633

       (5) "Sexually oriented offense" has the same meaning as in 634
section 2950.01 of the Revised Code.635

       (B) The court has jurisdiction over all proceedings under636
this section.637

       (C) A person may seek relief under this section for the638
person, or any parent or adult household member may seek relief639
under this section on behalf of any other family or household640
member, by filing a petition with the court. The petition shall641
contain or state both of the following:642

       (1) An allegation that the respondent engaged in a violation643
of section 2903.211 of the Revised Code against the person to be644
protected by the protection order or committed a sexually oriented 645
offense against the person to be protected by the protection 646
order, including a description of the nature and extent of the 647
violation;648

       (2) A request for relief under this section.649

       (D)(1) If a person who files a petition pursuant to this650
section requests an ex parte order, the court shall hold an ex651
parte hearing as soon as possible after the petition is filed, but652
not later than the next day that the court is in session after the653
petition is filed. The court, for good cause shown at the ex654
parte hearing, may enter any temporary orders, with or without655
bond, that the court finds necessary for the safety and protection656
of the person to be protected by the order. Immediate and present657
danger to the person to be protected by the protection order658
constitutes good cause for purposes of this section. Immediate and659
present danger includes, but is not limited to, situations in660
which the respondent has threatened the person to be protected by661
the protection order with bodily harm or in which the respondent662
previously has been convicted of or pleaded guilty to a violation663
of section 2903.211 of the Revised Code or a sexually oriented 664
offense against the person to be protected by the protection 665
order.666

       (2)(a) If the court, after an ex parte hearing, issues a667
protection order described in division (E) of this section, the668
court shall schedule a full hearing for a date that is within ten669
court days after the ex parte hearing. The court shall give the670
respondent notice of, and an opportunity to be heard at, the full671
hearing. The court shall hold the full hearing on the date672
scheduled under this division unless the court grants a673
continuance of the hearing in accordance with this division. Under 674
any of the following circumstances or for any of the following 675
reasons, the court may grant a continuance of the full hearing to 676
a reasonable time determined by the court:677

       (i) Prior to the date scheduled for the full hearing under678
this division, the respondent has not been served with the679
petition filed pursuant to this section and notice of the full680
hearing.681

       (ii) The parties consent to the continuance.682

       (iii) The continuance is needed to allow a party to obtain683
counsel.684

       (iv) The continuance is needed for other good cause.685

       (b) An ex parte order issued under this section does not686
expire because of a failure to serve notice of the full hearing687
upon the respondent before the date set for the full hearing under688
division (D)(2)(a) of this section or because the court grants a689
continuance under that division.690

       (3) If a person who files a petition pursuant to this section691
does not request an ex parte order, or if a person requests an ex692
parte order but the court does not issue an ex parte order after693
an ex parte hearing, the court shall proceed as in a normal civil694
action and grant a full hearing on the matter.695

       (E)(1) After an ex parte or full hearing, the court may issue 696
any protection order, with or without bond, that contains terms 697
designed to ensure the safety and protection of the person to be 698
protected by the protection order, including, but not limited to, 699
a requirement that the respondent refrain from entering the700
residence, school, business, or place of employment of the701
petitioner or family or household member. If the court includes a 702
requirement that the respondent refrain from entering the 703
residence, school, business, or place of employment of the704
petitioner or family or household member in the order, it also705
shall include in the order provisions of the type described in706
division (E)(5) of this section.707

       (2)(a) Any protection order issued pursuant to this section708
shall be valid until a date certain but not later than five years709
from the date of its issuance.710

       (b) Any protection order issued pursuant to this section may711
be renewed in the same manner as the original order was issued.712

       (3) A court may not issue a protection order that requires a713
petitioner to do or to refrain from doing an act that the court714
may require a respondent to do or to refrain from doing under715
division (E)(1) of this section unless all of the following apply:716

       (a) The respondent files a separate petition for a protection717
order in accordance with this section.718

       (b) The petitioner is served with notice of the respondent's719
petition at least forty-eight hours before the court holds a720
hearing with respect to the respondent's petition, or the721
petitioner waives the right to receive this notice.722

       (c) If the petitioner has requested an ex parte order723
pursuant to division (D) of this section, the court does not delay724
any hearing required by that division beyond the time specified in725
that division in order to consolidate the hearing with a hearing726
on the petition filed by the respondent.727

       (d) After a full hearing at which the respondent presents728
evidence in support of the request for a protection order and the729
petitioner is afforded an opportunity to defend against that730
evidence, the court determines that the petitioner has committed a731
violation of section 2903.211 of the Revised Code against the732
person to be protected by the protection order issued pursuant to733
this section, has committed a sexually oriented offense against 734
the person to be protected by the protection order, or has 735
violated a protection order issued pursuant to section 2903.213 of 736
the Revised Code relative to the person to be protected by the 737
protection order issued pursuant to this section.738

       (4) No protection order issued pursuant to this section shall 739
in any manner affect title to any real property.740

       (5)(a) If the court issues a protection order under this741
section that includes a requirement that the alleged offender742
refrain from entering the residence, school, business, or place of743
employment of the petitioner or a family or household member, the744
order shall clearly state that the order cannot be waived or745
nullified by an invitation to the alleged offender from the746
complainant to enter the residence, school, business, or place of747
employment or by the alleged offender's entry into one of those748
places otherwise upon the consent of the petitioner or family or749
household member.750

       (b) Division (E)(5)(a) of this section does not limit any751
discretion of a court to determine that an alleged offender752
charged with a violation of section 2919.27 of the Revised Code,753
with a violation of a municipal ordinance substantially equivalent754
to that section, or with contempt of court, which charge is based755
on an alleged violation of a protection order issued under this756
section, did not commit the violation or was not in contempt of757
court.758

       (F)(1) The court shall cause the delivery of a copy of any759
protection order that is issued under this section to the760
petitioner, to the respondent, and to all law enforcement agencies761
that have jurisdiction to enforce the order. The court shall762
direct that a copy of the order be delivered to the respondent on763
the same day that the order is entered.764

       (2) All law enforcement agencies shall establish and maintain 765
an index for the protection orders delivered to the agencies 766
pursuant to division (F)(1) of this section. With respect to each 767
order delivered, each agency shall note on the index the date and 768
time that it received the order.769

       (3) Regardless of whether the petitioner has registered the770
protection order in the county in which the officer's agency has771
jurisdiction pursuant to division (M) of this section, any officer772
of a law enforcement agency shall enforce a protection order773
issued pursuant to this section by any court in this state in774
accordance with the provisions of the order, including removing775
the respondent from the premises, if appropriate.776

       (G) Any proceeding under this section shall be conducted in777
accordance with the Rules of Civil Procedure, except that a778
protection order may be obtained under this section with or779
without bond. An order issued under this section, other than an780
ex parte order, that grants a protection order, or that refuses to781
grant a protection order, is a final, appealable order. The782
remedies and procedures provided in this section are in addition783
to, and not in lieu of, any other available civil or criminal784
remedies.785

       (H) The filing of proceedings under this section does not786
excuse a person from filing any report or giving any notice787
required by section 2151.421 of the Revised Code or by any other788
law.789

       (I) Any law enforcement agency that investigates an alleged790
violation of section 2903.211 of the Revised Code or an alleged 791
commission of a sexually oriented offense shall provide792
information to the victim and the family or household members of793
the victim regarding the relief available under this section and794
section 2903.213 of the Revised Code.795

       (J) Notwithstanding any provision of law to the contrary and796
regardless of whether a protection order is issued or a consent797
agreement is approved by a court of another county or by a court798
of another state, no court or unit of state or local government799
shall charge any fee, cost, deposit, or money in connection with 800
the filing of a petition pursuant to this section, in connection 801
with the filing, issuance, registration, or service of a 802
protection order or consent agreement, or for obtaining a803
certified copy of a protection order or consent agreement.804

       (K)(1) A person who violates a protection order issued under805
this section is subject to the following sanctions:806

       (a) Criminal prosecution for a violation of section 2919.27807
of the Revised Code, if the violation of the protection order808
constitutes a violation of that section;809

       (b) Punishment for contempt of court.810

       (2) The punishment of a person for contempt of court for811
violation of a protection order issued under this section does not812
bar criminal prosecution of the person for a violation of section813
2919.27 of the Revised Code. However, a person punished for814
contempt of court is entitled to credit for the punishment imposed815
upon conviction of a violation of that section, and a person816
convicted of a violation of that section shall not subsequently be817
punished for contempt of court arising out of the same activity.818

       (L) In all stages of a proceeding under this section, a819
petitioner may be accompanied by a victim advocate.820

       (M)(1) A petitioner who obtains a protection order under this 821
section or a protection order under section 2903.213 of the822
Revised Code may provide notice of the issuance or approval of the823
order to the judicial and law enforcement officials in any county824
other than the county in which the order is issued by registering825
that order in the other county pursuant to division (M)(2) of this826
section and filing a copy of the registered order with a law827
enforcement agency in the other county in accordance with that828
division. A person who obtains a protection order issued by a829
court of another state may provide notice of the issuance of the830
order to the judicial and law enforcement officials in any county831
of this state by registering the order in that county pursuant to832
section 2919.272 of the Revised Code and filing a copy of the833
registered order with a law enforcement agency in that county.834

       (2) A petitioner may register a protection order issued835
pursuant to this section or section 2903.213 of the Revised Code836
in a county other than the county in which the court that issued837
the order is located in the following manner:838

       (a) The petitioner shall obtain a certified copy of the order839
from the clerk of the court that issued the order and present that 840
certified copy to the clerk of the court of common pleas or the 841
clerk of a municipal court or county court in the county in which 842
the order is to be registered.843

       (b) Upon accepting the certified copy of the order for844
registration, the clerk of the court of common pleas, municipal845
court, or county court shall place an endorsement of registration846
on the order and give the petitioner a copy of the order that847
bears that proof of registration.848

       (3) The clerk of each court of common pleas, municipal court, 849
or county court shall maintain a registry of certified copies of850
protection orders that have been issued by courts in other 851
counties pursuant to this section or section 2903.213 of the852
Revised Code and that have been registered with the clerk.853

       Sec. 2907.02.  (A)(1) No person shall engage in sexual854
conduct with another who is not the spouse of the offender or who855
is the spouse of the offender but is living separate and apart856
from the offender, when any of the following applies:857

       (a) For the purpose of preventing resistance, the offender858
substantially impairs the other person's judgment or control by859
administering any drug, intoxicant, or controlled substance to the860
other person surreptitiously or by force, threat of force, or861
deception.862

       (b) The other person is less than thirteen years of age,863
whether or not the offender knows the age of the other person.864

       (c) The other person's ability to resist or consent is865
substantially impaired because of a mental or physical condition866
or because of advanced age, and the offender knows or has867
reasonable cause to believe that the other person's ability to868
resist or consent is substantially impaired because of a mental or869
physical condition or because of advanced age.870

       (2) No person shall engage in sexual conduct with another871
when the offender purposely compels the other person to submit by872
force or threat of force.873

       (B) Whoever violates this section is guilty of rape, a felony 874
of the first degree. If the offender under division (A)(1)(a) of 875
this section substantially impairs the other person's judgment or 876
control by administering any controlled substance described in 877
section 3719.41 of the Revised Code to the other person 878
surreptitiously or by force, threat of force, or deception, the 879
prison term imposed upon the offender shall be one of the prison880
terms prescribed for a felony of the first degree in section 881
2929.14 of the Revised Code that is not less than five years. If 882
theExcept as otherwise provided in this division, notwithstanding 883
sections 2929.11 to 2929.14 of the Revised Code, an offender under884
division (A)(1)(b) of this section purposely compels the victim to 885
submit by force or threat of force or if the victim under division 886
(A)(1)(b) of this section is less than ten years of age, whoever 887
violates division (A)(1)(b) of this section shall be imprisoned 888
for lifeshall be sentenced to a prison term or term of life 889
imprisonment pursuant to section 2971.03 of the Revised Code. If 890
an offender is convicted of or pleads guilty to a violation of 891
division (A)(1)(b) of this section, if the offender was less than 892
sixteen years of age at the time the offender committed the 893
violation of that division, and if the offender during or 894
immediately after the commission of the offense did not cause 895
serious physical harm to the victim, the victim was ten years of 896
age or older at the time of the commission of the violation, and 897
the offender has not previously been convicted of or pleaded 898
guilty to a violation of this section or a substantially similar 899
existing or former law of this state, another state, or the United 900
States, the court shall not sentence the offender to a prison term 901
or term of life imprisonment pursuant to section 2971.03 of the 902
Revised Code, and instead the court shall sentence the offender as 903
otherwise provided in this division. If thean offender under904
division (A)(1)(b) of this section previously has been convicted905
of or pleaded guilty to violating division (A)(1)(b) of this906
section or to violating aan existing or former law of this state,907
another state, or the United States that is substantially similar 908
to division (A)(1)(b) of this section or, if the offender during 909
or immediately after the commission of the offense caused serious 910
physical harm to the victim, whoever violates division (A)(1)(b) 911
of this section shall be imprisoned for life or if the victim 912
under division (A)(1)(b) of this section is less than ten years of 913
age, in lieu of sentencing the offender to a prison term or term 914
of life imprisonment pursuant to section 2971.03 of the Revised 915
Code, the court may impose upon the offender a term of life 916
without parole. If the court imposes a term of life without parole 917
pursuant to this division, division (F) of section 2971.03 of the 918
Revised Code applies, and the offender automatically is classified 919
a sexual predator, as described in that division.920

       (C) A victim need not prove physical resistance to the921
offender in prosecutions under this section.922

       (D) Evidence of specific instances of the victim's sexual923
activity, opinion evidence of the victim's sexual activity, and924
reputation evidence of the victim's sexual activity shall not be925
admitted under this section unless it involves evidence of the926
origin of semen, pregnancy, or disease, or the victim's past927
sexual activity with the offender, and only to the extent that the928
court finds that the evidence is material to a fact at issue in929
the case and that its inflammatory or prejudicial nature does not930
outweigh its probative value.931

       Evidence of specific instances of the defendant's sexual932
activity, opinion evidence of the defendant's sexual activity, and933
reputation evidence of the defendant's sexual activity shall not934
be admitted under this section unless it involves evidence of the935
origin of semen, pregnancy, or disease, the defendant's past936
sexual activity with the victim, or is admissible against the937
defendant under section 2945.59 of the Revised Code, and only to938
the extent that the court finds that the evidence is material to a939
fact at issue in the case and that its inflammatory or prejudicial940
nature does not outweigh its probative value.941

       (E) Prior to taking testimony or receiving evidence of any942
sexual activity of the victim or the defendant in a proceeding943
under this section, the court shall resolve the admissibility of944
the proposed evidence in a hearing in chambers, which shall be945
held at or before preliminary hearing and not less than three days946
before trial, or for good cause shown during the trial.947

       (F) Upon approval by the court, the victim may be represented 948
by counsel in any hearing in chambers or other proceeding to 949
resolve the admissibility of evidence. If the victim is indigent 950
or otherwise is unable to obtain the services of counsel, the 951
court, upon request, may appoint counsel to represent the victim 952
without cost to the victim.953

       (G) It is not a defense to a charge under division (A)(2) of954
this section that the offender and the victim were married or were955
cohabiting at the time of the commission of the offense.956

       Sec. 2907.07.  (A) No person shall solicit a person who is957
less than thirteen years of age to engage in sexual activity with958
the offender, whether or not the offender knows the age of such959
person.960

       (B) No person shall solicit another, not the spouse of the961
offender, to engage in sexual conduct with the offender, when the962
offender is eighteen years of age or older and four or more years963
older than the other person, and the other person is thirteen964
years of age or older but less than sixteen years of age, whether965
or not the offender knows the age of the other person.966

       (C) No person shall solicit another by means of a967
telecommunications device, as defined in section 2913.01 of the968
Revised Code, to engage in sexual activity with the offender when969
the offender is eighteen years of age or older and either of the970
following applies:971

       (1) The other person is less than thirteen years of age, and972
the offender knows that the other person is less than thirteen973
years of age or is reckless in that regard.974

       (2) The other person is a law enforcement officer posing as a975
person who is less than thirteen years of age, and the offender976
believes that the other person is less than thirteen years of age977
or is reckless in that regard.978

       (D) No person shall solicit another by means of a979
telecommunications device, as defined in section 2913.01 of the980
Revised Code, to engage in sexual activity with the offender when981
the offender is eighteen years of age or older and either of the982
following applies:983

       (1) The other person is thirteen years of age or older but984
less than sixteen years of age, the offender knows that the other985
person is thirteen years of age or older but less than sixteen986
years of age or is reckless in that regard, and the offender is987
four or more years older than the other person.988

       (2) The other person is a law enforcement officer posing as a989
person who is thirteen years of age or older but less than sixteen 990
years of age, the offender believes that the other person is 991
thirteen years of age or older but less than sixteen years of age 992
or is reckless in that regard, and the offender is four or more 993
years older than the age the law enforcement officer assumes in 994
posing as the person who is thirteen years of age or older but995
less than sixteen years of age.996

       (E) Divisions (C) and (D) of this section apply to any997
solicitation that is contained in a transmission via a998
telecommunications device that either originates in this state or999
is received in this state.1000

       (F) Whoever violates this section is guilty of importuning. 1001
A violation of division (A) or (C) of this section is a felony of 1002
the fourththird degree on a first offense and a felony of the 1003
thirdsecond degree on each subsequent offense. Notwithstanding 1004
division (C) of section 2929.13 of the Revised Code, there is a 1005
presumption that a prison term shall be imposed for a violation of 1006
division (A) or (C) of this section as described in division (D) 1007
of section 2929.13 of the Revised Code. A violation of division 1008
(B) or (D) of this section is a felony of the fifth degree on a 1009
first offense and a felony of the fourth degree on each subsequent 1010
offense.1011

       Sec. 2919.26.  (A)(1) Upon the filing of a complaint that1012
alleges a violation of section 2909.06, 2909.07, 2911.12, or1013
2911.211 of the Revised Code if the alleged victim of the 1014
violation was a family or household member at the time of the 1015
violation, a violation of a municipal ordinance that is 1016
substantially similar to any of those sections if the alleged 1017
victim of the violation was a family or household member at the 1018
time of the violation, any offense of violence if the alleged 1019
victim of the offense was a family or household member at the time 1020
of the commission of the offense, or any sexually oriented offense 1021
if the alleged victim of the offense was a family or household 1022
member at the time of the commission of the offense, the1023
complainant, the alleged victim, or a family or household member 1024
of an alleged victim may file, or, if in an emergency the alleged 1025
victim is unable to file, a person who made an arrest for the 1026
alleged violation or offense under section 2935.03 of the Revised 1027
Code may file on behalf of the alleged victim, a motion that 1028
requests the issuance of a temporary protection order as a 1029
pretrial condition of release of the alleged offender, in addition 1030
to any bail set under Criminal Rule 46. The motion shall be filed 1031
with the clerk of the court that has jurisdiction of the case at 1032
any time after the filing of the complaint.1033

       (2) For purposes of section 2930.09 of the Revised Code, all1034
stages of a proceeding arising out of a complaint alleging the 1035
commission of a violation or, offense of violence, or sexually 1036
oriented offense described in division (A)(1) of this section, 1037
including all proceedings on a motion for a temporary protection1038
order, are critical stages of the case, and a victim may be 1039
accompanied by a victim advocate or another person to provide 1040
support to the victim as provided in that section.1041

       (B) The motion shall be prepared on a form that is provided1042
by the clerk of the court, which form shall be substantially as1043
follows:1044

"MOTION FOR TEMPORARY PROTECTION ORDER
1045

.......................... Court
1046

Name and address of court
1047

State of Ohio1048

v. No. .......... 1049

.................1050

Name of Defendant1051

(name of person), moves the court to issue a temporary protection1052
order containing terms designed to ensure the safety and1053
protection of the complainant, alleged victim, and other family or1054
household members, in relation to the named defendant, pursuant to1055
its authority to issue such an order under section 2919.26 of the1056
Revised Code.1057

       A complaint, a copy of which has been attached to this1058
motion, has been filed in this court charging the named defendant1059
with .......................... (name of the specified violation 1060
or, the offense of violence, or sexually oriented offense charged) 1061
in circumstances in which the victim was a family or household 1062
member in violation of (section of the Revised Code designating 1063
the specified violation or, offense of violence, or sexually 1064
oriented offense charged), or charging the named defendant with a1065
violation of a municipal ordinance that is substantially similar1066
to ........................ (section of the Revised Code 1067
designating the specified violation or, offense of violence, or 1068
sexually oriented offense charged) involving a family or household 1069
member.1070

       I understand that I must appear before the court, at a time1071
set by the court within twenty-four hours after the filing of this1072
motion, for a hearing on the motion or that, if I am unable to1073
appear because of hospitalization or a medical condition resulting1074
from the offense alleged in the complaint, a person who can1075
provide information about my need for a temporary protection order1076
must appear before the court in lieu of my appearing in court. I1077
understand that any temporary protection order granted pursuant to1078
this motion is a pretrial condition of release and is effective1079
only until the disposition of the criminal proceeding arising out1080
of the attached complaint, or the issuance of a civil protection1081
order or the approval of a consent agreement, arising out of the1082
same activities as those that were the basis of the complaint,1083
under section 3113.31 of the Revised Code.1084

..........................................1085

Signature of person1086

(or signature of the arresting officer who filed the motion on1087
behalf of the alleged victim)1088

..........................................1089

Address of person (or office address of the arresting officer who1090
filed the motion on behalf of the alleged victim)"1091

       (C)(1) As soon as possible after the filing of a motion that1092
requests the issuance of a temporary protection order, but not1093
later than twenty-four hours after the filing of the motion, the1094
court shall conduct a hearing to determine whether to issue the1095
order. The person who requested the order shall appear before the1096
court and provide the court with the information that it requests1097
concerning the basis of the motion. If the person who requested1098
the order is unable to appear and if the court finds that the1099
failure to appear is because of the person's hospitalization or1100
medical condition resulting from the offense alleged in the1101
complaint, another person who is able to provide the court with1102
the information it requests may appear in lieu of the person who1103
requested the order. If the court finds that the safety and1104
protection of the complainant, alleged victim, or any other family1105
or household member of the alleged victim may be impaired by the1106
continued presence of the alleged offender, the court may issue a1107
temporary protection order, as a pretrial condition of release,1108
that contains terms designed to ensure the safety and protection1109
of the complainant, alleged victim, or the family or household1110
member, including a requirement that the alleged offender refrain1111
from entering the residence, school, business, or place of1112
employment of the complainant, alleged victim, or the family or1113
household member.1114

       (2)(a) If the court issues a temporary protection order that1115
includes a requirement that the alleged offender refrain from1116
entering the residence, school, business, or place of employment1117
of the complainant, the alleged victim, or the family or household1118
member, the order shall state clearly that the order cannot be1119
waived or nullified by an invitation to the alleged offender from1120
the complainant, alleged victim, or family or household member to1121
enter the residence, school, business, or place of employment or1122
by the alleged offender's entry into one of those places otherwise1123
upon the consent of the complainant, alleged victim, or family or1124
household member.1125

       (b) Division (C)(2)(a) of this section does not limit any1126
discretion of a court to determine that an alleged offender1127
charged with a violation of section 2919.27 of the Revised Code,1128
with a violation of a municipal ordinance substantially equivalent1129
to that section, or with contempt of court, which charge is based1130
on an alleged violation of a temporary protection order issued1131
under this section, did not commit the violation or was not in1132
contempt of court.1133

       (D)(1) Upon the filing of a complaint that alleges a 1134
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the 1135
Revised Code if the alleged victim of the violation was a family 1136
or household member at the time of the violation, a violation of a 1137
municipal ordinance that is substantially similar to any of those 1138
sections if the alleged victim of the violation was a family or 1139
household member at the time of the violation, any offense of 1140
violence if the alleged victim of the offense was a family or 1141
household member at the time of the commission of the offense, or 1142
any sexually oriented offense if the alleged victim of the offense 1143
was a family or household member at the time of the commission of 1144
the offense, the court, upon its own motion, may issue a temporary 1145
protection order as a pretrial condition of release if it finds 1146
that the safety and protection of the complainant, alleged victim, 1147
or other family or household member of the alleged offender may be 1148
impaired by the continued presence of the alleged offender.1149

       (2) If the court issues a temporary protection order under1150
this section as an ex parte order, it shall conduct, as soon as1151
possible after the issuance of the order, a hearing in the1152
presence of the alleged offender not later than the next day on1153
which the court is scheduled to conduct business after the day on1154
which the alleged offender was arrested or at the time of the1155
appearance of the alleged offender pursuant to summons to1156
determine whether the order should remain in effect, be modified,1157
or be revoked. The hearing shall be conducted under the standards1158
set forth in division (C) of this section.1159

       (3) An order issued under this section shall contain only1160
those terms authorized in orders issued under division (C) of this1161
section.1162

       (4) If a municipal court or a county court issues a temporary 1163
protection order under this section and if, subsequent to the 1164
issuance of the order, the alleged offender who is the subject of 1165
the order is bound over to the court of common pleas for 1166
prosecution of a felony arising out of the same activities as1167
those that were the basis of the complaint upon which the order is1168
based, notwithstanding the fact that the order was issued by a1169
municipal court or county court, the order shall remain in effect,1170
as though it were an order of the court of common pleas, while the1171
charges against the alleged offender are pending in the court of1172
common pleas, for the period of time described in division (E)(2)1173
of this section, and the court of common pleas has exclusive1174
jurisdiction to modify the order issued by the municipal court or1175
county court. This division applies when the alleged offender is1176
bound over to the court of common pleas as a result of the person1177
waiving a preliminary hearing on the felony charge, as a result of1178
the municipal court or county court having determined at a1179
preliminary hearing that there is probable cause to believe that1180
the felony has been committed and that the alleged offender1181
committed it, as a result of the alleged offender having been1182
indicted for the felony, or in any other manner.1183

       (E) A temporary protection order that is issued as a pretrial 1184
condition of release under this section:1185

       (1) Is in addition to, but shall not be construed as a part1186
of, any bail set under Criminal Rule 46;1187

       (2) Is effective only until the occurrence of either of the1188
following:1189

       (a) The disposition, by the court that issued the order or,1190
in the circumstances described in division (D)(4) of this section,1191
by the court of common pleas to which the alleged offender is1192
bound over for prosecution, of the criminal proceeding arising out1193
of the complaint upon which the order is based;1194

       (b) The issuance of a protection order or the approval of a1195
consent agreement, arising out of the same activities as those1196
that were the basis of the complaint upon which the order is1197
based, under section 3113.31 of the Revised Code;1198

       (3) Shall not be construed as a finding that the alleged1199
offender committed the alleged offense, and shall not be1200
introduced as evidence of the commission of the offense at the1201
trial of the alleged offender on the complaint upon which the1202
order is based.1203

       (F) A person who meets the criteria for bail under Criminal1204
Rule 46 and who, if required to do so pursuant to that rule,1205
executes or posts bond or deposits cash or securities as bail,1206
shall not be held in custody pending a hearing before the court on1207
a motion requesting a temporary protection order.1208

       (G)(1) A copy of any temporary protection order that is1209
issued under this section shall be issued by the court to the1210
complainant, to the alleged victim, to the person who requested1211
the order, to the defendant, and to all law enforcement agencies1212
that have jurisdiction to enforce the order. The court shall1213
direct that a copy of the order be delivered to the defendant on1214
the same day that the order is entered. If a municipal court or a1215
county court issues a temporary protection order under this1216
section and if, subsequent to the issuance of the order, the1217
defendant who is the subject of the order is bound over to the1218
court of common pleas for prosecution as described in division1219
(D)(4) of this section, the municipal court or county court shall1220
direct that a copy of the order be delivered to the court of1221
common pleas to which the defendant is bound over.1222

       (2) All law enforcement agencies shall establish and maintain 1223
an index for the temporary protection orders delivered to the 1224
agencies pursuant to division (G)(1) of this section. With1225
respect to each order delivered, each agency shall note on the1226
index, the date and time of the receipt of the order by the1227
agency.1228

       (3) A complainant, alleged victim, or other person who1229
obtains a temporary protection order under this section may1230
provide notice of the issuance of the temporary protection order1231
to the judicial and law enforcement officials in any county other1232
than the county in which the order is issued by registering that1233
order in the other county in accordance with division (N) of1234
section 3113.31 of the Revised Code and filing a copy of the1235
registered protection order with a law enforcement agency in the1236
other county in accordance with that division.1237

       (4) Any officer of a law enforcement agency shall enforce a1238
temporary protection order issued by any court in this state in1239
accordance with the provisions of the order, including removing1240
the defendant from the premises, regardless of whether the order1241
is registered in the county in which the officer's agency has1242
jurisdiction as authorized by division (G)(3) of this section.1243

       (H) Upon a violation of a temporary protection order, the1244
court may issue another temporary protection order, as a pretrial1245
condition of release, that modifies the terms of the order that1246
was violated.1247

       (I)(1) As used in divisions (I)(1) and (2) of this section,1248
"defendant" means a person who is alleged in a complaint to have1249
committed a violation or, offense of violence, or sexually 1250
oriented offense of the type described in division (A) of this 1251
section.1252

       (2) If a complaint is filed that alleges that a person1253
committed a violation or, offense of violence, or sexually 1254
oriented offense of the type described in division (A) of this 1255
section, the court may not issue a temporary protection order1256
under this section that requires the complainant, the alleged1257
victim, or another family or household member of the defendant to1258
do or refrain from doing an act that the court may require the1259
defendant to do or refrain from doing under a temporary protection1260
order unless both of the following apply:1261

       (a) The defendant has filed a separate complaint that alleges 1262
that the complainant, alleged victim, or other family or household 1263
member in question who would be required under the order to do or 1264
refrain from doing the act committed a violation or offense of 1265
violence of the type described in division (A) of this section.1266

       (b) The court determines that both the complainant, alleged1267
victim, or other family or household member in question who would1268
be required under the order to do or refrain from doing the act1269
and the defendant acted primarily as aggressors, that neither the1270
complainant, alleged victim, or other family or household member1271
in question who would be required under the order to do or refrain1272
from doing the act nor the defendant acted primarily in1273
self-defense, and, in accordance with the standards and criteria1274
of this section as applied in relation to the separate complaint1275
filed by the defendant, that it should issue the order to require1276
the complainant, alleged victim, or other family or household1277
member in question to do or refrain from doing the act.1278

       (J) Notwithstanding any provision of law to the contrary and1279
regardless of whether a protection order is issued or a consent1280
agreement is approved by a court of another county or a court of1281
another state, no court or unit of state or local government shall1282
charge any fee, cost, deposit, or money in connection with the 1283
filing of a motion pursuant to this section, in connection with 1284
the filing, issuance, registration, or service of a protection 1285
order or consent agreement, or for obtaining a certified copy of a 1286
protection order or consent agreement.1287

       (K) As used in this section:1288

       (1) "Sexually oriented offense" has the same meaning as in 1289
section 2950.01 of the Revised Code.1290

       (2) "Victim advocate" means a person who provides support and 1291
assistance for a victim of an offense during court proceedings.1292

       Sec. 2921.34.  (A)(1) No person, knowing the person is under1293
detention or being reckless in that regard, shall purposely break1294
or attempt to break the detention, or purposely fail to return to1295
detention, either following temporary leave granted for a specific 1296
purpose or limited period, or at the time required when serving a 1297
sentence in intermittent confinement.1298

       (2) No personDivision (A)(2) of this section applies to any 1299
person who is adjudicated a sexually violent predator and is 1300
sentenced to a prison term pursuant to division (A)(3) of section 1301
2971.03 of the Revised Code for the sexually violent offense, to 1302
any person who is convicted of or pleads guilty to a violation of 1303
division (A)(1)(b) of section 2907.02 of the Revised Code 1304
committed on or after the effective date of this amendment and is 1305
sentenced to a prison term pursuant to division (B)(1)(a), (b), or 1306
(c) of section 2971.03 of the Revised Code for the violation, and 1307
to any person who is convicted of or pleads guilty to attempted 1308
rape committed on or after the effective date of this amendment 1309
and a specification of the type described in section 2941.1418, 1310
2941.1419, or 2941.1420 of the Revised Code and is sentenced to a 1311
prison term pursuant to division (B)(2)(a), (b), or (c) of section 1312
2971.03 of the Revised Code for the attempted rape. No person to 1313
whom this division applies, for whom the requirement that the 1314
entire prison term imposed upon the person pursuant to division 1315
(A)(3) or (B) of section 2971.03 of the Revised Code be served in 1316
a state correctional institution has been modified pursuant to 1317
section 2971.05 of the Revised Code, and who, pursuant to that 1318
modification, is restricted to a geographic area, knowing that the 1319
person is under a geographic restriction or being reckless in that 1320
regard, shall purposely leave the geographic area to which the 1321
restriction applies or purposely fail to return to that geographic 1322
area following a temporary leave granted for a specific purpose or 1323
for a limited period of time.1324

       (B) Irregularity in bringing about or maintaining detention, 1325
or lack of jurisdiction of the committing or detaining authority, 1326
is not a defense to a charge under this section if the detention 1327
is pursuant to judicial order or in a detention facility. In the 1328
case of any other detention, irregularity or lack of jurisdiction 1329
is an affirmative defense only if either of the following occurs:1330

       (1) The escape involved no substantial risk of harm to the1331
person or property of another.1332

       (2) The detaining authority knew or should have known there 1333
was no legal basis or authority for the detention.1334

       (C) Whoever violates this section is guilty of escape.1335

       (1) If the offender, at the time of the commission of the1336
offense, was under detention as an alleged or adjudicated1337
delinquent child or unruly child and if the act for which the1338
offender was under detention would not be a felony if committed by 1339
an adult, escape is a misdemeanor of the first degree.1340

       (2) If the offender, at the time of the commission of the1341
offense, was under detention in any other manner or, the offender 1342
is a person who was adjudicated a sexually violent predator for 1343
whom the requirement that the entire prison term imposed upon the 1344
person pursuant to division (A)(3) of section 2971.03 of the 1345
Revised Code be served in a state correctional institution has 1346
been modified pursuant to section 2971.05 of the Revised Code, the 1347
offender is a person who was convicted of or pleaded guilty to 1348
committing on or after the effective date of this amendment a 1349
violation of division (A)(1)(b) of section 2907.02 of the Revised 1350
Code for whom the requirement that the entire prison term imposed 1351
upon the person pursuant to division (B)(1)(a), (b), or (c) of 1352
section 2971.03 of the Revised Code be served in a state 1353
correctional institution has been modified pursuant to section 1354
2971.05 of the Revised Code, or the offender is a person who was 1355
convicted of or pleaded guilty to committing on or after the 1356
effective date of this amendment attempted rape, who also was 1357
convicted of or pleaded guilty to a specification of the type 1358
described in section 2941.1418, 2941.1419, or 2941.1420 of the 1359
Revised Code, who was sentenced pursuant to division (B)(2)(a), 1360
(b), or (c) of section 2971.03 of the Revised Code, and for whom 1361
the requirement that the entire prison term imposed pursuant to 1362
that division be served in a state correctional institution has 1363
been modified pursuant to section 2971.05 of the Revised Code,1364
escape is one of the following:1365

       (a) A felony of the second degree, when the most serious 1366
offense for which the person was under detention or adjudicated a 1367
sexually violent predatorfor which the person had been sentenced 1368
to the prison term under division (A)(3), (B)(1)(a), (b), or (c), 1369
or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code1370
is aggravated murder, murder, or a felony of the first or second 1371
degree or, if the person was under detention as an alleged or 1372
adjudicated delinquent child, when the most serious act for which 1373
the person was under detention would be aggravated murder, murder, 1374
or a felony of the first or second degree if committed by an 1375
adult;1376

       (b) A felony of the third degree, when the most serious 1377
offense for which the person was under detention or adjudicated a 1378
sexually violent predatorfor which the person had been sentenced 1379
to the prison term under division (A)(3), (B)(1)(a),(b), or (c), 1380
or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code1381
is a felony of the third, fourth, or fifth degree or an1382
unclassified felony or, if the person was under detention as an1383
alleged or adjudicated delinquent child, when the most serious act 1384
for which the person was under detention would be a felony of the1385
third, fourth, or fifth degree or an unclassified felony if 1386
committed by an adult;1387

       (c) A felony of the fifth degree, when any of the following 1388
applies:1389

       (i) The most serious offense for which the person was under 1390
detention is a misdemeanor.1391

       (ii) The person was found not guilty by reason of insanity, 1392
and the person's detention consisted of hospitalization,1393
institutionalization, or confinement in a facility under an order 1394
made pursuant to or under authority of section 2945.40, 2945.401, 1395
or 2945.402 of the Revised Code.1396

       (d) A misdemeanor of the first degree, when the most serious1397
offense for which the person was under detention is a misdemeanor 1398
and when the person fails to return to detention at a specified 1399
time following temporary leave granted for a specific purpose or 1400
limited period or at the time required when serving a sentence in 1401
intermittent confinement.1402

       (D) As used in this section:1403

       (1) "Adjudicated a sexually violent predator" has the same 1404
meaning as in section 2929.01 of the Revised Code, and a person is 1405
"adjudicated a sexually violent predator" in the same manner and 1406
the same circumstances as are described in that section.1407

       (2) "Sexually violent offense" has the same meaning as in 1408
section 2971.01 of the Revised Code.1409

       Sec. 2923.02.  (A) No person, purposely or knowingly, and1410
when purpose or knowledge is sufficient culpability for the1411
commission of an offense, shall engage in conduct that, if1412
successful, would constitute or result in the offense.1413

       (B) It is no defense to a charge under this section that, in 1414
retrospect, commission of the offense that was the object of the 1415
attempt was either factually or legally impossible under the1416
attendant circumstances, if that offense could have been committed 1417
had the attendant circumstances been as the actor believed them to 1418
be.1419

       (C) No person who is convicted of committing a specific1420
offense, of complicity in the commission of an offense, or of1421
conspiracy to commit an offense shall be convicted of an attempt1422
to commit the same offense in violation of this section.1423

       (D) It is an affirmative defense to a charge under this1424
section that the actor abandoned the actor's effort to commit the 1425
offense or otherwise prevented its commission, under circumstances1426
manifesting a complete and voluntary renunciation of the actor's 1427
criminal purpose.1428

       (E)(1) Whoever violates this section is guilty of an attempt1429
to commit an offense. An attempt to commit aggravated murder, 1430
murder, or an offense for which the maximum penalty is 1431
imprisonment for life is a felony of the first degree. An attempt 1432
to commit a drug abuse offense for which the penalty is determined 1433
by the amount or number of unit doses of the controlled substance 1434
involved in the drug abuse offense is an offense of the same 1435
degree as the drug abuse offense attempted would be if that drug 1436
abuse offense had been committed and had involved an amount or 1437
number of unit doses of the controlled substance that is within 1438
the next lower range of controlled substance amounts than was 1439
involved in the attempt. An attempt to commit any other offense is1440
an offense of the next lesser degree than the offense attempted. 1441
In the case of an attempt to commit an offense other than a 1442
violation of Chapter 3734. of the Revised Code that is not 1443
specifically classified, an attempt is a misdemeanor of the first 1444
degree if the offense attempted is a felony, and a misdemeanor of 1445
the fourth degree if the offense attempted is a misdemeanor. In 1446
the case of an attempt to commit a violation of any provision of1447
Chapter 3734. of the Revised Code, other than section 3734.18 of1448
the Revised Code, that relates to hazardous wastes, an attempt is1449
a felony punishable by a fine of not more than twenty-five1450
thousand dollars or imprisonment for not more than eighteen1451
months, or both. An attempt to commit a minor misdemeanor, or to1452
engage in conspiracy, is not an offense under this section.1453

       (2) If a person is convicted of or pleads guilty to attempted 1454
rape and also is convicted of or pleads guilty to a specification 1455
of the type described in section 2941.1418, 2941.1419, or 1456
2941.1420 of the Revised Code, the offender shall be sentenced to 1457
a prison term or term of life imprisonment pursuant to section 1458
2971.03 of the Revised Code.1459

       (F) As used in this section, "drug abuse offense" has the 1460
same meaning as in section 2925.01 of the Revised Code.1461

       Sec. 2929.01.  As used in this chapter:1462

       (A)(1) "Alternative residential facility" means, subject to1463
division (A)(2) of this section, any facility other than an1464
offender's home or residence in which an offender is assigned to1465
live and that satisfies all of the following criteria:1466

       (a) It provides programs through which the offender may seek1467
or maintain employment or may receive education, training,1468
treatment, or habilitation.1469

       (b) It has received the appropriate license or certificate1470
for any specialized education, training, treatment, habilitation,1471
or other service that it provides from the government agency that1472
is responsible for licensing or certifying that type of education,1473
training, treatment, habilitation, or service.1474

       (2) "Alternative residential facility" does not include a1475
community-based correctional facility, jail, halfway house, or1476
prison.1477

       (B) "Bad time" means the time by which the parole board1478
administratively extends an offender's stated prison term or terms1479
pursuant to section 2967.11 of the Revised Code because the parole1480
board finds by clear and convincing evidence that the offender,1481
while serving the prison term or terms, committed an act that is a1482
criminal offense under the law of this state or the United States,1483
whether or not the offender is prosecuted for the commission of1484
that act.1485

       (C) "Basic probation supervision" means a requirement that1486
the offender maintain contact with a person appointed to supervise1487
the offender in accordance with sanctions imposed by the court or1488
imposed by the parole board pursuant to section 2967.28 of the1489
Revised Code. "Basic probation supervision" includes basic parole1490
supervision and basic post-release control supervision.1491

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and1492
"unit dose" have the same meanings as in section 2925.01 of the1493
Revised Code.1494

       (E) "Community-based correctional facility" means a1495
community-based correctional facility and program or district1496
community-based correctional facility and program developed1497
pursuant to sections 2301.51 to 2301.58 of the Revised Code.1498

       (F) "Community control sanction" means a sanction that is not 1499
a prison term and that is described in section 2929.15, 2929.16, 1500
2929.17, or 2929.18 of the Revised Code or a sanction that is not 1501
a jail term and that is described in section 2929.26, 2929.27, or 1502
2929.28 of the Revised Code. "Community control sanction" 1503
includes probation if the sentence involved was imposed for a 1504
felony that was committed prior to July 1, 1996, or if the1505
sentence involved was imposed for a misdemeanor that was committed1506
prior to January 1, 2004.1507

       (G) "Controlled substance," "marihuana," "schedule I," and1508
"schedule II" have the same meanings as in section 3719.01 of the1509
Revised Code.1510

       (H) "Curfew" means a requirement that an offender during a1511
specified period of time be at a designated place.1512

       (I) "Day reporting" means a sanction pursuant to which an1513
offender is required each day to report to and leave a center or1514
other approved reporting location at specified times in order to1515
participate in work, education or training, treatment, and other1516
approved programs at the center or outside the center.1517

       (J) "Deadly weapon" has the same meaning as in section1518
2923.11 of the Revised Code.1519

       (K) "Drug and alcohol use monitoring" means a program under1520
which an offender agrees to submit to random chemical analysis of1521
the offender's blood, breath, or urine to determine whether the1522
offender has ingested any alcohol or other drugs.1523

       (L) "Drug treatment program" means any program under which a1524
person undergoes assessment and treatment designed to reduce or1525
completely eliminate the person's physical or emotional reliance1526
upon alcohol, another drug, or alcohol and another drug and under1527
which the person may be required to receive assessment and1528
treatment on an outpatient basis or may be required to reside at a1529
facility other than the person's home or residence while1530
undergoing assessment and treatment.1531

       (M) "Economic loss" means any economic detriment suffered by1532
a victim as a direct and proximate result of the commission of an 1533
offense and includes any loss of income due to lost time at work 1534
because of any injury caused to the victim, and any property loss, 1535
medical cost, or funeral expense incurred as a result of the 1536
commission of the offense. "Economic loss" does not include 1537
non-economic loss or any punitive or exemplary damages.1538

       (N) "Education or training" includes study at, or in1539
conjunction with a program offered by, a university, college, or1540
technical college or vocational study and also includes the1541
completion of primary school, secondary school, and literacy1542
curricula or their equivalent.1543

        (O) "Firearm" has the same meaning as in section 2923.11 of1544
the Revised Code.1545

       (P) "Halfway house" means a facility licensed by the division 1546
of parole and community services of the department of1547
rehabilitation and correction pursuant to section 2967.14 of the1548
Revised Code as a suitable facility for the care and treatment of1549
adult offenders.1550

       (Q) "House arrest" means a period of confinement of an 1551
offender that is in the offender's home or in other premises 1552
specified by the sentencing court or by the parole board pursuant 1553
to section 2967.28 of the Revised Code and during which all of the1554
following apply:1555

       (1) The offender is required to remain in the offender's home 1556
or other specified premises for the specified period of 1557
confinement, except for periods of time during which the offender 1558
is at the offender's place of employment or at other premises as 1559
authorized by the sentencing court or by the parole board.1560

       (2) The offender is required to report periodically to a 1561
person designated by the court or parole board.1562

       (3) The offender is subject to any other restrictions and 1563
requirements that may be imposed by the sentencing court or by the 1564
parole board.1565

       (R) "Intensive probation supervision" means a requirement1566
that an offender maintain frequent contact with a person appointed1567
by the court, or by the parole board pursuant to section 2967.281568
of the Revised Code, to supervise the offender while the offender1569
is seeking or maintaining necessary employment and participating1570
in training, education, and treatment programs as required in the1571
court's or parole board's order. "Intensive probation supervision" 1572
includes intensive parole supervision and intensive post-release 1573
control supervision.1574

       (S) "Jail" means a jail, workhouse, minimum security jail, or 1575
other residential facility used for the confinement of alleged or 1576
convicted offenders that is operated by a political subdivision or 1577
a combination of political subdivisions of this state.1578

       (T) "Jail term" means the term in a jail that a sentencing1579
court imposes or is authorized to impose pursuant to section1580
2929.24 or 2929.25 of the Revised Code or pursuant to any other1581
provision of the Revised Code that authorizes a term in a jail for1582
a misdemeanor conviction.1583

       (U) "Mandatory jail term" means the term in a jail that a1584
sentencing court is required to impose pursuant to division (G) of1585
section 1547.99 of the Revised Code, division (E) of section 1586
2903.06 or division (D) of section 2903.08 of the Revised Code, 1587
division (E) of section 2929.24 of the Revised Code, division (B)1588
of section 4510.14 of the Revised Code, or division (G) of section 1589
4511.19 of the Revised Code or pursuant to any other provision of 1590
the Revised Code that requires a term in a jail for a misdemeanor1591
conviction.1592

       (V) "Delinquent child" has the same meaning as in section1593
2152.02 of the Revised Code.1594

       (W) "License violation report" means a report that is made by 1595
a sentencing court, or by the parole board pursuant to section1596
2967.28 of the Revised Code, to the regulatory or licensing board1597
or agency that issued an offender a professional license or a1598
license or permit to do business in this state and that specifies1599
that the offender has been convicted of or pleaded guilty to an1600
offense that may violate the conditions under which the offender's1601
professional license or license or permit to do business in this1602
state was granted or an offense for which the offender's1603
professional license or license or permit to do business in this1604
state may be revoked or suspended.1605

       (X) "Major drug offender" means an offender who is convicted1606
of or pleads guilty to the possession of, sale of, or offer to1607
sell any drug, compound, mixture, preparation, or substance that1608
consists of or contains at least one thousand grams of hashish; at1609
least one hundred grams of crack cocaine; at least one thousand1610
grams of cocaine that is not crack cocaine; at least two thousand1611
five hundred unit doses or two hundred fifty grams of heroin; at1612
least five thousand unit doses of L.S.D. or five hundred grams of1613
L.S.D. in a liquid concentrate, liquid extract, or liquid1614
distillate form; or at least one hundred times the amount of any1615
other schedule I or II controlled substance other than marihuana1616
that is necessary to commit a felony of the third degree pursuant1617
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised1618
Code that is based on the possession of, sale of, or offer to sell1619
the controlled substance.1620

       (Y) "Mandatory prison term" means any of the following:1621

       (1) Subject to division (Y)(2) of this section, the term in1622
prison that must be imposed for the offenses or circumstances set1623
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section1624
2929.13 and division (D) of section 2929.14 of the Revised Code. 1625
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, 1626
and 2925.11 of the Revised Code, unless the maximum or another1627
specific term is required under section 2929.14 of the Revised1628
Code, a mandatory prison term described in this division may be1629
any prison term authorized for the level of offense.1630

       (2) The term of sixty or one hundred twenty days in prison1631
that a sentencing court is required to impose for a third or1632
fourth degree felony OVI offense pursuant to division (G)(2) of1633
section 2929.13 and division (G)(1)(d) or (e) of section 4511.191634
of the Revised Code or the term of one, two, three, four, or five 1635
years in prison that a sentencing court is required to impose 1636
pursuant to division (G)(2) of section 2929.13 of the Revised 1637
Code.1638

       (3) The term in prison imposed pursuant to division (A) of1639
section 2971.03 of the Revised Code for the offenses and in the 1640
circumstances described in division (F)(11) of section 2929.13 of 1641
the Revised Code, pursuant to division (B)(1)(a), (b), or (c) of 1642
section 2971.03 of the Revised Code for the offense of rape 1643
committed on or after the effective date of this amendment in 1644
violation of division (A)(1)(b) of section 2907.02 of the Revised 1645
Code, pursuant to division (B)(2)(a) of section 2971.03 of the 1646
Revised Code for the offense of attempted rape committed on or 1647
after the effective date of this amendment and a specification of 1648
the type described in section 2941.1418 of the Revised Code, 1649
pursuant to division (B)(2)(b) of section 2971.03 of the Revised 1650
Code for the offense of attempted rape committed on or after the 1651
effective date of this amendment and a specification of the type 1652
described in section 2941.1419 of the Revised Code, or pursuant to 1653
division (B)(2)(c) of section 2971.03 of the Revised Code for the 1654
offense of attempted rape committed on or after the effective date 1655
of this amendment and a specification of the type described in 1656
section 2941.1420 of the Revised Code and that term as modified or 1657
terminated pursuant to section 2971.05 of the Revised Code.1658

       (Z) "Monitored time" means a period of time during which an1659
offender continues to be under the control of the sentencing court1660
or parole board, subject to no conditions other than leading a1661
law-abiding life.1662

       (AA) "Offender" means a person who, in this state, is1663
convicted of or pleads guilty to a felony or a misdemeanor.1664

       (BB) "Prison" means a residential facility used for the1665
confinement of convicted felony offenders that is under the1666
control of the department of rehabilitation and correction but1667
does not include a violation sanction center operated under1668
authority of section 2967.141 of the Revised Code.1669

       (CC) "Prison term" includes any of the following sanctions1670
for an offender:1671

       (1) A stated prison term;1672

       (2) A term in a prison shortened by, or with the approval of, 1673
the sentencing court pursuant to section 2929.20, 2967.26,1674
5120.031, 5120.032, or 5120.073 of the Revised Code;1675

       (3) A term in prison extended by bad time imposed pursuant to 1676
section 2967.11 of the Revised Code or imposed for a violation of 1677
post-release control pursuant to section 2967.28 of the Revised1678
Code.1679

       (DD) "Repeat violent offender" means a person about whom both 1680
of the following apply:1681

       (1) The person is being sentenced for committing or for1682
complicity in committing any of the following:1683

       (a) Aggravated murder, murder, any felony of the first or 1684
second degree that is an offense of violence, or an attempt to 1685
commit any of these offenses if the attempt is a felony of the 1686
first or second degree;1687

       (b) An offense under an existing or former law of this state, 1688
another state, or the United States that is or was substantially 1689
equivalent to an offense described in division (DD)(1)(a) of this 1690
section.1691

       (2) The person previously was convicted of or pleaded guilty1692
to an offense described in division (DD)(1)(a) or (b) of this 1693
section.1694

       (EE) "Sanction" means any penalty imposed upon an offender1695
who is convicted of or pleads guilty to an offense, as punishment1696
for the offense. "Sanction" includes any sanction imposed pursuant 1697
to any provision of sections 2929.14 to 2929.18 or 2929.24 to 1698
2929.28 of the Revised Code.1699

       (FF) "Sentence" means the sanction or combination of1700
sanctions imposed by the sentencing court on an offender who is1701
convicted of or pleads guilty to an offense.1702

       (GG) "Stated prison term" means the prison term, mandatory1703
prison term, or combination of all prison terms and mandatory1704
prison terms imposed by the sentencing court pursuant to section1705
2929.14 or 2971.03 of the Revised Code. "Stated prison term"1706
includes any credit received by the offender for time spent in1707
jail awaiting trial, sentencing, or transfer to prison for the1708
offense and any time spent under house arrest or house arrest with 1709
electronic monitoring imposed after earning credits pursuant to1710
section 2967.193 of the Revised Code.1711

       (HH) "Victim-offender mediation" means a reconciliation or1712
mediation program that involves an offender and the victim of the1713
offense committed by the offender and that includes a meeting in1714
which the offender and the victim may discuss the offense, discuss1715
restitution, and consider other sanctions for the offense.1716

       (II) "Fourth degree felony OVI offense" means a violation of 1717
division (A) of section 4511.19 of the Revised Code that, under1718
division (G) of that section, is a felony of the fourth degree.1719

       (JJ) "Mandatory term of local incarceration" means the term1720
of sixty or one hundred twenty days in a jail, a community-based1721
correctional facility, a halfway house, or an alternative1722
residential facility that a sentencing court may impose upon a1723
person who is convicted of or pleads guilty to a fourth degree1724
felony OVI offense pursuant to division (G)(1) of section 2929.131725
of the Revised Code and division (G)(1)(d) or (e) of section 1726
4511.19 of the Revised Code.1727

       (KK) "Designated homicide, assault, or kidnapping offense," 1728
"violent sex offense," "sexual motivation specification," 1729
"sexually violent offense," "sexually violent predator," and 1730
"sexually violent predator specification" have the same meanings 1731
as in section 2971.01 of the Revised Code.1732

       (LL) "Habitual sex offender," "sexually oriented offense," 1733
"sexual predator," "registration-exempt sexually oriented 1734
offense," "child-victim oriented offense," "habitual child-victim 1735
offender," and "child-victim predator" have the same meanings as 1736
in section 2950.01 of the Revised Code.1737

       (MM) An offense is "committed in the vicinity of a child" if1738
the offender commits the offense within thirty feet of or within1739
the same residential unit as a child who is under eighteen years1740
of age, regardless of whether the offender knows the age of the1741
child or whether the offender knows the offense is being committed1742
within thirty feet of or within the same residential unit as the1743
child and regardless of whether the child actually views the1744
commission of the offense.1745

       (NN) "Family or household member" has the same meaning as in1746
section 2919.25 of the Revised Code.1747

       (OO) "Motor vehicle" and "manufactured home" have the same1748
meanings as in section 4501.01 of the Revised Code.1749

       (PP) "Detention" and "detention facility" have the same1750
meanings as in section 2921.01 of the Revised Code.1751

       (QQ) "Third degree felony OVI offense" means a violation of1752
division (A) of section 4511.19 of the Revised Code that, under1753
division (G) of that section, is a felony of the third degree.1754

       (RR) "Random drug testing" has the same meaning as in section 1755
5120.63 of the Revised Code.1756

       (SS) "Felony sex offense" has the same meaning as in section 1757
2967.28 of the Revised Code.1758

       (TT) "Body armor" has the same meaning as in section1759
2941.1411 of the Revised Code.1760

       (UU) "Electronic monitoring" means monitoring through the use 1761
of an electronic monitoring device.1762

        (VV) "Electronic monitoring device" means any of the1763
following:1764

        (1) Any device that can be operated by electrical or battery1765
power and that conforms with all of the following:1766

        (a) The device has a transmitter that can be attached to a1767
person, that will transmit a specified signal to a receiver of the1768
type described in division (VV)(1)(b) of this section if the1769
transmitter is removed from the person, turned off, or altered in1770
any manner without prior court approval in relation to electronic1771
monitoring or without prior approval of the department of1772
rehabilitation and correction in relation to the use of an1773
electronic monitoring device for an inmate on transitional control1774
or otherwise is tampered with, that can transmit continuously and1775
periodically a signal to that receiver when the person is within a1776
specified distance from the receiver, and that can transmit an1777
appropriate signal to that receiver if the person to whom it is1778
attached travels a specified distance from that receiver.1779

        (b) The device has a receiver that can receive continuously1780
the signals transmitted by a transmitter of the type described in1781
division (VV)(1)(a) of this section, can transmit continuously1782
those signals by telephone to a central monitoring computer of the1783
type described in division (VV)(1)(c) of this section, and can1784
transmit continuously an appropriate signal to that central1785
monitoring computer if the receiver is turned off or altered1786
without prior court approval or otherwise tampered with.1787

        (c) The device has a central monitoring computer that can1788
receive continuously the signals transmitted by telephone by a1789
receiver of the type described in division (VV)(1)(b) of this1790
section and can monitor continuously the person to whom an1791
electronic monitoring device of the type described in division1792
(VV)(1)(a) of this section is attached.1793

        (2) Any device that is not a device of the type described in1794
division (VV)(1) of this section and that conforms with all of the1795
following:1796

       (a) The device includes a transmitter and receiver that can1797
monitor and determine the location of a subject person at any1798
time, or at a designated point in time, through the use of a1799
central monitoring computer or through other electronic means.1800

        (b) The device includes a transmitter and receiver that can1801
determine at any time, or at a designated point in time, through1802
the use of a central monitoring computer or other electronic means1803
the fact that the transmitter is turned off or altered in any1804
manner without prior approval of the court in relation to the1805
electronic monitoring or without prior approval of the department1806
of rehabilitation and correction in relation to the use of an1807
electronic monitoring device for an inmate on transitional control1808
or otherwise is tampered with.1809

        (3) Any type of technology that can adequately track or1810
determine the location of a subject person at any time and that is1811
approved by the director of rehabilitation and correction,1812
including, but not limited to, any satellite technology, voice1813
tracking system, or retinal scanning system that is so approved.1814

       (WW) "Non-economic loss" means nonpecuniary harm suffered by 1815
a victim of an offense as a result of or related to the commission 1816
of the offense, including, but not limited to, pain and suffering; 1817
loss of society, consortium, companionship, care, assistance, 1818
attention, protection, advice, guidance, counsel, instruction, 1819
training, or education; mental anguish; and any other intangible 1820
loss.1821

       (XX) "Prosecutor" has the same meaning as in section 2935.01 1822
of the Revised Code.1823

       (YY) "Continuous alcohol monitoring" means the ability to 1824
automatically test and periodically transmit alcohol consumption 1825
levels and tamper attempts at least every hour, regardless of the 1826
location of the person who is being monitored.1827

       (ZZ) A person is "adjudicated a sexually violent predator" if 1828
the person is convicted of or pleads guilty to a violent sex 1829
offense and also is convicted of or pleads guilty to a sexually 1830
violent predator specification that was included in the 1831
indictment, count in the indictment, or information charging that 1832
violent sex offense or if the person is convicted of or pleads 1833
guilty to a designated homicide, assault, or kidnapping offense 1834
and also is convicted of or pleads guilty to both a sexual 1835
motivation specification and a sexually violent predator 1836
specification that were included in the indictment, count in the 1837
indictment, or information charging that designated homicide, 1838
assault, or kidnapping offense.1839

       Sec. 2929.13.  (A) Except as provided in division (E), (F),1840
or (G) of this section and unless a specific sanction is required1841
to be imposed or is precluded from being imposed pursuant to law,1842
a court that imposes a sentence upon an offender for a felony may1843
impose any sanction or combination of sanctions on the offender1844
that are provided in sections 2929.14 to 2929.18 of the Revised1845
Code. The sentence shall not impose an unnecessary burden on state 1846
or local government resources.1847

       If the offender is eligible to be sentenced to community1848
control sanctions, the court shall consider the appropriateness of1849
imposing a financial sanction pursuant to section 2929.18 of the1850
Revised Code or a sanction of community service pursuant to1851
section 2929.17 of the Revised Code as the sole sanction for the1852
offense. Except as otherwise provided in this division, if the1853
court is required to impose a mandatory prison term for the1854
offense for which sentence is being imposed, the court also may1855
impose a financial sanction pursuant to section 2929.18 of the1856
Revised Code but may not impose any additional sanction or1857
combination of sanctions under section 2929.16 or 2929.17 of the1858
Revised Code.1859

       If the offender is being sentenced for a fourth degree felony1860
OVI offense or for a third degree felony OVI offense, in addition1861
to the mandatory term of local incarceration or the mandatory1862
prison term required for the offense by division (G)(1) or (2) of1863
this section, the court shall impose upon the offender a mandatory1864
fine in accordance with division (B)(3) of section 2929.18 of the1865
Revised Code and may impose whichever of the following is1866
applicable:1867

       (1) For a fourth degree felony OVI offense for which sentence 1868
is imposed under division (G)(1) of this section, an additional1869
community control sanction or combination of community control 1870
sanctions under section 2929.16 or 2929.17 of the Revised Code. If 1871
the court imposes upon the offender a community control sanction 1872
and the offender violates any condition of the community control 1873
sanction, the court may take any action prescribed in division (B) 1874
of section 2929.15 of the Revised Code relative to the offender, 1875
including imposing a prison term on the offender pursuant to that 1876
division.1877

       (2) For a third or fourth degree felony OVI offense for which1878
sentence is imposed under division (G)(2) of this section, an 1879
additional prison term as described in division (D)(4) of section 1880
2929.14 of the Revised Code or a community control sanction as 1881
described in division (G)(2) of this section.1882

       (B)(1) Except as provided in division (B)(2), (E), (F), or1883
(G) of this section, in sentencing an offender for a felony of the1884
fourth or fifth degree, the sentencing court shall determine1885
whether any of the following apply:1886

       (a) In committing the offense, the offender caused physical1887
harm to a person.1888

       (b) In committing the offense, the offender attempted to1889
cause or made an actual threat of physical harm to a person with a1890
deadly weapon.1891

       (c) In committing the offense, the offender attempted to1892
cause or made an actual threat of physical harm to a person, and1893
the offender previously was convicted of an offense that caused1894
physical harm to a person.1895

       (d) The offender held a public office or position of trust1896
and the offense related to that office or position; the offender's1897
position obliged the offender to prevent the offense or to bring1898
those committing it to justice; or the offender's professional1899
reputation or position facilitated the offense or was likely to1900
influence the future conduct of others.1901

       (e) The offender committed the offense for hire or as part of 1902
an organized criminal activity.1903

       (f) The offense is a sex offense that is a fourth or fifth1904
degree felony violation of section 2907.03, 2907.04, 2907.05,1905
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the1906
Revised Code.1907

       (g) The offender at the time of the offense was serving, or1908
the offender previously had served, a prison term.1909

       (h) The offender committed the offense while under a1910
community control sanction, while on probation, or while released1911
from custody on a bond or personal recognizance.1912

       (i) The offender committed the offense while in possession of 1913
a firearm.1914

       (2)(a) If the court makes a finding described in division1915
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this1916
section and if the court, after considering the factors set forth1917
in section 2929.12 of the Revised Code, finds that a prison term1918
is consistent with the purposes and principles of sentencing set1919
forth in section 2929.11 of the Revised Code and finds that the1920
offender is not amenable to an available community control1921
sanction, the court shall impose a prison term upon the offender.1922

       (b) Except as provided in division (E), (F), or (G) of this1923
section, if the court does not make a finding described in1924
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of1925
this section and if the court, after considering the factors set1926
forth in section 2929.12 of the Revised Code, finds that a1927
community control sanction or combination of community control1928
sanctions is consistent with the purposes and principles of1929
sentencing set forth in section 2929.11 of the Revised Code, the1930
court shall impose a community control sanction or combination of1931
community control sanctions upon the offender.1932

       (C) Except as provided in division (D), (E), (F), or (G) of 1933
this section, in determining whether to impose a prison term as a1934
sanction for a felony of the third degree or a felony drug offense1935
that is a violation of a provision of Chapter 2925. of the Revised1936
Code and that is specified as being subject to this division for1937
purposes of sentencing, the sentencing court shall comply with the1938
purposes and principles of sentencing under section 2929.11 of the1939
Revised Code and with section 2929.12 of the Revised Code.1940

       (D)(1) Except as provided in division (E) or (F) of this1941
section, for a felony of the first or second degree, for a felony 1942
drug offense that is a violation of any provision of Chapter 1943
2925., 3719., or 4729. of the Revised Code for which a presumption 1944
in favor of a prison term is specified as being applicable, and 1945
for a violation of division (A)(4) of section 2907.05 of the 1946
Revised Code for which a presumption in favor of a prison term is 1947
specified as being applicable, it is presumed that a prison term 1948
is necessary in order to comply with the purposes and principles 1949
of sentencing under section 2929.11 of the Revised Code. Division 1950
(D)(2) of this section does not apply to a presumption established 1951
under this division for a violation of division (A)(4) of section 1952
2907.05 of the Revised Code.1953

       (2) Notwithstanding the presumption established under 1954
division (D)(1) of this section for the offenses listed in that 1955
division other than a violation of division (A)(4) of section 1956
2907.05 of the Revised Code, the sentencing court may impose a 1957
community control sanction or a combination of community control1958
sanctions instead of a prison term on an offender for a felony of 1959
the first or second degree or for a felony drug offense that is a 1960
violation of any provision of Chapter 2925., 3719., or 4729. of 1961
the Revised Code for which a presumption in favor of a prison term 1962
is specified as being applicable if it makes both of the following 1963
findings:1964

       (a) A community control sanction or a combination of1965
community control sanctions would adequately punish the offender1966
and protect the public from future crime, because the applicable1967
factors under section 2929.12 of the Revised Code indicating a1968
lesser likelihood of recidivism outweigh the applicable factors1969
under that section indicating a greater likelihood of recidivism.1970

       (b) A community control sanction or a combination of1971
community control sanctions would not demean the seriousness of1972
the offense, because one or more factors under section 2929.12 of1973
the Revised Code that indicate that the offender's conduct was1974
less serious than conduct normally constituting the offense are1975
applicable, and they outweigh the applicable factors under that1976
section that indicate that the offender's conduct was more serious1977
than conduct normally constituting the offense.1978

       (E)(1) Except as provided in division (F) of this section,1979
for any drug offense that is a violation of any provision of1980
Chapter 2925. of the Revised Code and that is a felony of the1981
third, fourth, or fifth degree, the applicability of a presumption1982
under division (D) of this section in favor of a prison term or of1983
division (B) or (C) of this section in determining whether to1984
impose a prison term for the offense shall be determined as1985
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,1986
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the1987
Revised Code, whichever is applicable regarding the violation.1988

       (2) If an offender who was convicted of or pleaded guilty to1989
a felony violates the conditions of a community control sanction1990
imposed for the offense solely by reason of producing positive1991
results on a drug test, the court, as punishment for the violation1992
of the sanction, shall not order that the offender be imprisoned1993
unless the court determines on the record either of the following:1994

       (a) The offender had been ordered as a sanction for the1995
felony to participate in a drug treatment program, in a drug1996
education program, or in narcotics anonymous or a similar program,1997
and the offender continued to use illegal drugs after a reasonable1998
period of participation in the program.1999

       (b) The imprisonment of the offender for the violation is2000
consistent with the purposes and principles of sentencing set2001
forth in section 2929.11 of the Revised Code.2002

       (F) Notwithstanding divisions (A) to (E) of this section, the 2003
court shall impose a prison term or terms under sections 2929.02 2004
to 2929.06, section 2929.14, or section 2971.03 of the Revised 2005
Code and except as specifically provided in section 2929.20 or 2006
2967.191 of the Revised Code or when parole is authorized for the 2007
offense under section 2967.13 of the Revised Code shall not reduce 2008
the terms pursuant to section 2929.20, section 2967.193, or any 2009
other provision of Chapter 2967. or Chapter 5120. of the Revised 2010
Code for any of the following offenses:2011

       (1) Aggravated murder when death is not imposed or murder;2012

       (2) Any rape, regardless of whether force was involved and2013
regardless of the age of the victim, or an attempt to commit rape 2014
if, had the offender completed the rape that was attempted, the2015
offender would have been subject to a sentence of life2016
imprisonment or life imprisonment without parole for the rape2017
guilty of a violation of division (A)(1)(b) of section 2907.02 of 2018
the Revised Code and would be sentenced under section 2971.03 of 2019
the Revised Code;2020

       (3) Gross sexual imposition or sexual battery, if the victim2021
is under thirteen years of age and if any of the following 2022
applies:2023

       (a) Regarding gross sexual imposition, the offender 2024
previously was convicted of or pleaded guilty to rape, the former 2025
offense of felonious sexual penetration, gross sexual imposition, 2026
or sexual battery, and the victim of the previous offense was 2027
under thirteen years of age;2028

       (b) Regarding gross sexual imposition, the offense was 2029
committed on or after the effective date of this amendmentAugust 2030
3, 2006, and evidence other than the testimony of the victim was 2031
admitted in the case corroborating the violation.2032

       (c) Regarding sexual battery, either of the following 2033
applies:2034

       (i) The offense was committed prior to the effective date of 2035
this amendmentAugust 3, 2006, the offender previously was 2036
convicted of or pleaded guilty to rape, the former offense of 2037
felonious sexual penetration, or sexual battery, and the victim of 2038
the previous offense was under thirteen years of age.2039

       (ii) The offense was committed on or after the effective date 2040
of this amendmentAugust 3, 2006.2041

       (4) A felony violation of section 2903.04, 2903.06, 2903.08,2042
2903.11, 2903.12, or 2903.13 of the Revised Code if the section2043
requires the imposition of a prison term;2044

       (5) A first, second, or third degree felony drug offense for2045
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,2046
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or2047
4729.99 of the Revised Code, whichever is applicable regarding the2048
violation, requires the imposition of a mandatory prison term;2049

       (6) Any offense that is a first or second degree felony and2050
that is not set forth in division (F)(1), (2), (3), or (4) of this2051
section, if the offender previously was convicted of or pleaded2052
guilty to aggravated murder, murder, any first or second degree2053
felony, or an offense under an existing or former law of this2054
state, another state, or the United States that is or was2055
substantially equivalent to one of those offenses;2056

       (7) Any offense that is a third degree felony and either is 2057
a violation of section 2903.04 of the Revised Code or an attempt 2058
to commit a felony of the second degree that is an offense of 2059
violence and involved an attempt to cause serious physical harm to 2060
a person or that resulted in serious physical harm to a person if 2061
the offender previously was convicted of or pleaded guilty to any 2062
of the following offenses:2063

       (a) Aggravated murder, murder, involuntary manslaughter, 2064
rape, felonious sexual penetration as it existed under section 2065
2907.12 of the Revised Code prior to September 3, 1996, a felony 2066
of the first or second degree that resulted in the death of a 2067
person or in physical harm to a person, or complicity in or an 2068
attempt to commit any of those offenses;2069

       (b) An offense under an existing or former law of this state, 2070
another state, or the United States that is or was substantially 2071
equivalent to an offense listed in division (F)(7)(a) of this 2072
section that resulted in the death of a person or in physical harm 2073
to a person.2074

       (8) Any offense, other than a violation of section 2923.12 of 2075
the Revised Code, that is a felony, if the offender had a firearm 2076
on or about the offender's person or under the offender's control2077
while committing the felony, with respect to a portion of the2078
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 2079
of the Revised Code for having the firearm;2080

       (9) Any offense of violence that is a felony, if the offender 2081
wore or carried body armor while committing the felony offense of 2082
violence, with respect to the portion of the sentence imposed 2083
pursuant to division (D)(1)(d) of section 2929.14 of the Revised 2084
Code for wearing or carrying the body armor;2085

       (10) Corrupt activity in violation of section 2923.32 of the2086
Revised Code when the most serious offense in the pattern of2087
corrupt activity that is the basis of the offense is a felony of2088
the first degree;2089

       (11) Any violent sex offense or designated homicide, assault, 2090
or kidnapping offense if, in relation to that offense, the 2091
offender is adjudicated a sexually violent predator;2092

       (12) A violation of division (A)(1) or (2) of section 2921.36 2093
of the Revised Code, or a violation of division (C) of that 2094
section involving an item listed in division (A)(1) or (2) of that 2095
section, if the offender is an officer or employee of the2096
department of rehabilitation and correction;2097

        (13) A violation of division (A)(1) or (2) of section 2903.06 2098
of the Revised Code if the victim of the offense is a peace 2099
officer, as defined in section 2935.01 of the Revised Code, with 2100
respect to the portion of the sentence imposed pursuant to 2101
division (D)(5) of section 2929.14 of the Revised Code;2102

        (14) A violation of division (A)(1) or (2) of section 2903.06 2103
of the Revised Code if the offender has been convicted of or 2104
pleaded guilty to three or more violations of division (A) or (B) 2105
of section 4511.19 of the Revised Code or an equivalent offense, 2106
as defined in section 2941.1415 of the Revised Code, or three or 2107
more violations of any combination of those divisions and 2108
offenses, with respect to the portion of the sentence imposed 2109
pursuant to division (D)(6) of section 2929.14 of the Revised 2110
Code.2111

       (G) Notwithstanding divisions (A) to (E) of this section, if2112
an offender is being sentenced for a fourth degree felony OVI2113
offense or for a third degree felony OVI offense, the court shall2114
impose upon the offender a mandatory term of local incarceration2115
or a mandatory prison term in accordance with the following:2116

       (1) If the offender is being sentenced for a fourth degree2117
felony OVI offense and if the offender has not been convicted of 2118
and has not pleaded guilty to a specification of the type 2119
described in section 2941.1413 of the Revised Code, the court may 2120
impose upon the offender a mandatory term of local incarceration2121
of sixty days or one hundred twenty days as specified in division 2122
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall2123
not reduce the term pursuant to section 2929.20, 2967.193, or any2124
other provision of the Revised Code. The court that imposes a2125
mandatory term of local incarceration under this division shall2126
specify whether the term is to be served in a jail, a2127
community-based correctional facility, a halfway house, or an2128
alternative residential facility, and the offender shall serve the2129
term in the type of facility specified by the court. A mandatory2130
term of local incarceration imposed under division (G)(1) of this2131
section is not subject to extension under section 2967.11 of the2132
Revised Code, to a period of post-release control under section2133
2967.28 of the Revised Code, or to any other Revised Code2134
provision that pertains to a prison term except as provided in 2135
division (A)(1) of this section.2136

       (2) If the offender is being sentenced for a third degree2137
felony OVI offense, or if the offender is being sentenced for a2138
fourth degree felony OVI offense and the court does not impose a2139
mandatory term of local incarceration under division (G)(1) of2140
this section, the court shall impose upon the offender a mandatory 2141
prison term of one, two, three, four, or five years if the 2142
offender also is convicted of or also pleads guilty to a 2143
specification of the type described in section 2941.1413 of the 2144
Revised Code or shall impose upon the offender a mandatory prison 2145
term of sixty days or one hundred twenty days as specified in 2146
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 2147
if the offender has not been convicted of and has not pleaded 2148
guilty to a specification of that type. The court shall not reduce 2149
the term pursuant to section 2929.20, 2967.193, or any other 2150
provision of the Revised Code. The offender shall serve the one-, 2151
two-, three-, four-, or five-year mandatory prison term 2152
consecutively to and prior to the prison term imposed for the 2153
underlying offense and consecutively to any other mandatory prison 2154
term imposed in relation to the offense. In no case shall an 2155
offender who once has been sentenced to a mandatory term of local 2156
incarceration pursuant to division (G)(1) of this section for a2157
fourth degree felony OVI offense be sentenced to another mandatory2158
term of local incarceration under that division for any violation 2159
of division (A) of section 4511.19 of the Revised Code. In 2160
addition to the mandatory prison term described in division (G)(2) 2161
of this section, the court may sentence the offender to a2162
community control sanction under section 2929.16 or 2929.17 of the 2163
Revised Code, but the offender shall serve the prison term prior 2164
to serving the community control sanction. The department of 2165
rehabilitation and correction may place an offender sentenced to a 2166
mandatory prison term under this division in an intensive program 2167
prison established pursuant to section 5120.033 of the Revised2168
Code if the department gave the sentencing judge prior notice of 2169
its intent to place the offender in an intensive program prison 2170
established under that section and if the judge did not notify the 2171
department that the judge disapproved the placement. Upon the 2172
establishment of the initial intensive program prison pursuant to 2173
section 5120.033 of the Revised Code that is privately operated2174
and managed by a contractor pursuant to a contract entered into 2175
under section 9.06 of the Revised Code, both of the following 2176
apply:2177

       (a) The department of rehabilitation and correction shall2178
make a reasonable effort to ensure that a sufficient number of2179
offenders sentenced to a mandatory prison term under this division2180
are placed in the privately operated and managed prison so that2181
the privately operated and managed prison has full occupancy.2182

       (b) Unless the privately operated and managed prison has full2183
occupancy, the department of rehabilitation and correction shall 2184
not place any offender sentenced to a mandatory prison term under 2185
this division in any intensive program prison established pursuant2186
to section 5120.033 of the Revised Code other than the privately 2187
operated and managed prison.2188

       (H) If an offender is being sentenced for a sexually oriented 2189
offense committed on or after January 1, 1997, the judge shall2190
require the offender to submit to a DNA specimen collection2191
procedure pursuant to section 2901.07 of the Revised Code if2192
either of the following applies:2193

       (1) The offense was a violent sex offense or a designated 2194
homicide, assault, or kidnapping offense and, in relation to that 2195
offense, the offender was adjudicated a sexually violent predator.2196

       (2) The offense was a violation of division (A)(1)(b) of 2197
section 2907.02 of the Revised Code committed on or after the 2198
effective date of this amendment.2199

       (3) The offense was attempted rape committed on or after the 2200
effective date of this amendment, and the offender also was 2201
convicted of or pleaded guilty to a specification of the type 2202
described in section 2941.1418, 2941.1419, or 2941.1420 of the 2203
Revised Code.2204

       (4) The judge imposing sentence for the sexually oriented2205
offense determines pursuant to division (B) of section 2950.09 of2206
the Revised Code that the offender is a sexual predator.2207

       (I) If an offender is being sentenced for a sexually oriented 2208
offense that is not a registration-exempt sexually oriented 2209
offense or for a child-victim oriented offense committed on or 2210
after January 1, 1997, the judge shall include in the sentence a 2211
summary of the offender's duties imposed under sections 2950.04, 2212
2950.041, 2950.05, and 2950.06 of the Revised Code and the2213
duration of the duties. The judge shall inform the offender, at 2214
the time of sentencing, of those duties and of their duration and, 2215
if required under division (A)(2) of section 2950.03 of the 2216
Revised Code, shall perform the duties specified in that section.2217

       (J)(1) Except as provided in division (J)(2) of this section, 2218
when considering sentencing factors under this section in relation 2219
to an offender who is convicted of or pleads guilty to an attempt 2220
to commit an offense in violation of section 2923.02 of the 2221
Revised Code, the sentencing court shall consider the factors2222
applicable to the felony category of the violation of section2223
2923.02 of the Revised Code instead of the factors applicable to2224
the felony category of the offense attempted.2225

       (2) When considering sentencing factors under this section in 2226
relation to an offender who is convicted of or pleads guilty to an 2227
attempt to commit a drug abuse offense for which the penalty is2228
determined by the amount or number of unit doses of the controlled2229
substance involved in the drug abuse offense, the sentencing court2230
shall consider the factors applicable to the felony category that2231
the drug abuse offense attempted would be if that drug abuse2232
offense had been committed and had involved an amount or number of2233
unit doses of the controlled substance that is within the next2234
lower range of controlled substance amounts than was involved in2235
the attempt.2236

       (K) As used in this section, "drug abuse offense" has the2237
same meaning as in section 2925.01 of the Revised Code.2238

       (L) At the time of sentencing an offender who is a sexual 2239
predator for any sexually oriented offense, if the offender does 2240
not serve a prison term or jail term, the court may require that 2241
the offender be monitored by means of a global positioning device. 2242
If the court requires such monitoring, the cost of monitoring 2243
shall be borne by the offender. If the offender is indigent, the 2244
cost of compliance shall be paid by the crime victims reparations 2245
fund.2246

       Sec. 2929.14.  (A) Except as provided in division (C),2247
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this2248
section and except in relation to an offense for which a sentence2249
of death or life imprisonment is to be imposed, if the court2250
imposing a sentence upon an offender for a felony elects or is2251
required to impose a prison term on the offender pursuant to this2252
chapter, the court shall impose a definite prison term that shall2253
be one of the following:2254

       (1) For a felony of the first degree, the prison term shall2255
be three, four, five, six, seven, eight, nine, or ten years.2256

       (2) For a felony of the second degree, the prison term shall2257
be two, three, four, five, six, seven, or eight years.2258

       (3) For a felony of the third degree, the prison term shall2259
be one, two, three, four, or five years.2260

       (4) For a felony of the fourth degree, the prison term shall2261
be six, seven, eight, nine, ten, eleven, twelve, thirteen,2262
fourteen, fifteen, sixteen, seventeen, or eighteen months.2263

       (5) For a felony of the fifth degree, the prison term shall2264
be six, seven, eight, nine, ten, eleven, or twelve months.2265

       (B) Except as provided in division (C), (D)(1), (D)(2),2266
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 2267
or 2907.05 of the Revised Code, or in Chapter 2925. of the Revised 2268
Code, if the court imposing a sentence upon an offender for a 2269
felony elects or is required to impose a prison term on the 2270
offender, the court shall impose the shortest prison term 2271
authorized for the offense pursuant to division (A) of this 2272
section, unless one or more of the following applies:2273

       (1) The offender was serving a prison term at the time of the 2274
offense, or the offender previously had served a prison term.2275

       (2) The court finds on the record that the shortest prison2276
term will demean the seriousness of the offender's conduct or will2277
not adequately protect the public from future crime by the2278
offender or others.2279

       (C) Except as provided in division (G) of this section or in2280
Chapter 2925. of the Revised Code, the court imposing a sentence2281
upon an offender for a felony may impose the longest prison term2282
authorized for the offense pursuant to division (A) of this2283
section only upon offenders who committed the worst forms of the2284
offense, upon offenders who pose the greatest likelihood of2285
committing future crimes, upon certain major drug offenders under2286
division (D)(3) of this section, and upon certain repeat violent2287
offenders in accordance with division (D)(2) of this section.2288

       (D)(1)(a) Except as provided in division (D)(1)(e) of this2289
section, if an offender who is convicted of or pleads guilty to a2290
felony also is convicted of or pleads guilty to a specification of2291
the type described in section 2941.141, 2941.144, or 2941.145 of2292
the Revised Code, the court shall impose on the offender one of2293
the following prison terms:2294

       (i) A prison term of six years if the specification is of the2295
type described in section 2941.144 of the Revised Code that2296
charges the offender with having a firearm that is an automatic2297
firearm or that was equipped with a firearm muffler or silencer on2298
or about the offender's person or under the offender's control2299
while committing the felony;2300

       (ii) A prison term of three years if the specification is of2301
the type described in section 2941.145 of the Revised Code that2302
charges the offender with having a firearm on or about the2303
offender's person or under the offender's control while committing2304
the offense and displaying the firearm, brandishing the firearm,2305
indicating that the offender possessed the firearm, or using it to2306
facilitate the offense;2307

       (iii) A prison term of one year if the specification is of2308
the type described in section 2941.141 of the Revised Code that2309
charges the offender with having a firearm on or about the2310
offender's person or under the offender's control while committing2311
the felony.2312

       (b) If a court imposes a prison term on an offender under2313
division (D)(1)(a) of this section, the prison term shall not be2314
reduced pursuant to section 2929.20, section 2967.193, or any2315
other provision of Chapter 2967. or Chapter 5120. of the Revised2316
Code. A court shall not impose more than one prison term on an2317
offender under division (D)(1)(a) of this section for felonies2318
committed as part of the same act or transaction.2319

       (c) Except as provided in division (D)(1)(e) of this section, 2320
if an offender who is convicted of or pleads guilty to a violation 2321
of section 2923.161 of the Revised Code or to a felony that 2322
includes, as an essential element, purposely or knowingly causing 2323
or attempting to cause the death of or physical harm to another,2324
also is convicted of or pleads guilty to a specification of the2325
type described in section 2941.146 of the Revised Code that2326
charges the offender with committing the offense by discharging a2327
firearm from a motor vehicle other than a manufactured home, the2328
court, after imposing a prison term on the offender for the2329
violation of section 2923.161 of the Revised Code or for the other2330
felony offense under division (A), (D)(2), or (D)(3) of this2331
section, shall impose an additional prison term of five years upon2332
the offender that shall not be reduced pursuant to section2333
2929.20, section 2967.193, or any other provision of Chapter 2967.2334
or Chapter 5120. of the Revised Code. A court shall not impose2335
more than one additional prison term on an offender under division2336
(D)(1)(c) of this section for felonies committed as part of the2337
same act or transaction. If a court imposes an additional prison2338
term on an offender under division (D)(1)(c) of this section2339
relative to an offense, the court also shall impose a prison term2340
under division (D)(1)(a) of this section relative to the same2341
offense, provided the criteria specified in that division for2342
imposing an additional prison term are satisfied relative to the2343
offender and the offense.2344

       (d) If an offender who is convicted of or pleads guilty to2345
an offense of violence that is a felony also is convicted of or2346
pleads guilty to a specification of the type described in section2347
2941.1411 of the Revised Code that charges the offender with2348
wearing or carrying body armor while committing the felony offense2349
of violence, the court shall impose on the offender a prison term2350
of two years. The prison term so imposed shall not be reduced2351
pursuant to section 2929.20, section 2967.193, or any other2352
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 2353
court shall not impose more than one prison term on an offender2354
under division (D)(1)(d) of this section for felonies committed as2355
part of the same act or transaction. If a court imposes an2356
additional prison term under division (D)(1)(a) or (c) of this2357
section, the court is not precluded from imposing an additional2358
prison term under division (D)(1)(d) of this section.2359

       (e) The court shall not impose any of the prison terms2360
described in division (D)(1)(a) of this section or any of the2361
additional prison terms described in division (D)(1)(c) of this2362
section upon an offender for a violation of section 2923.12 or2363
2923.123 of the Revised Code. The court shall not impose any of2364
the prison terms described in division (D)(1)(a) of this section2365
or any of the additional prison terms described in division2366
(D)(1)(c) of this section upon an offender for a violation of2367
section 2923.13 of the Revised Code unless all of the following2368
apply:2369

       (i) The offender previously has been convicted of aggravated2370
murder, murder, or any felony of the first or second degree.2371

       (ii) Less than five years have passed since the offender was2372
released from prison or post-release control, whichever is later,2373
for the prior offense.2374

        (f) If an offender is convicted of or pleads guilty to a 2375
felony that includes, as an essential element, causing or 2376
attempting to cause the death of or physical harm to another and 2377
also is convicted of or pleads guilty to a specification of the 2378
type described in section 2941.1412 of the Revised Code that 2379
charges the offender with committing the offense by discharging a 2380
firearm at a peace officer as defined in section 2935.01 of the 2381
Revised Code or a corrections officer as defined in section2382
2941.1412 of the Revised Code, the court, after imposing a prison2383
term on the offender for the felony offense under division (A),2384
(D)(2), or (D)(3) of this section, shall impose an additional2385
prison term of seven years upon the offender that shall not be2386
reduced pursuant to section 2929.20, section 2967.193, or any2387
other provision of Chapter 2967. or Chapter 5120. of the Revised2388
Code. A court shall not impose more than one additional prison2389
term on an offender under division (D)(1)(f) of this section for2390
felonies committed as part of the same act or transaction. If a2391
court imposes an additional prison term on an offender under2392
division (D)(1)(f) of this section relative to an offense, the2393
court shall not impose a prison term under division (D)(1)(a) or2394
(c) of this section relative to the same offense.2395

       (2)(a) If division (D)(2)(b) of this section does not apply, 2396
the court may impose on an offender, in addition to the longest 2397
prison term authorized or required for the offense, an additional 2398
definite prison term of one, two, three, four, five, six, seven, 2399
eight, nine, or ten years if all of the following criteria are 2400
met: 2401

       (i) The offender is convicted of or pleads guilty to a 2402
specification of the type described in section 2941.149 of the 2403
Revised Code that the offender is a repeat violent offender.2404

       (ii) The offense of which the offender currently is convicted 2405
or to which the offender currently pleads guilty is aggravated 2406
murder and the court does not impose a sentence of death or life 2407
imprisonment without parole, murder, terrorism and the court does 2408
not impose a sentence of life imprisonment without parole, any 2409
felony of the first degree that is an offense of violence and the 2410
court does not impose a sentence of life imprisonment without 2411
parole, or any felony of the second degree that is an offense of 2412
violence and the trier of fact finds that the offense involved an 2413
attempt to cause or a threat to cause serious physical harm to a 2414
person or resulted in serious physical harm to a person.2415

       (iii) The court imposes the longest prison term for the 2416
offense that is not life imprisonment without parole.2417

       (iv) The court finds that the prison terms imposed pursuant 2418
to division (D)(2)(a)(iii) of this section and, if applicable, 2419
division (D)(1) or (3) of this section are inadequate to punish 2420
the offender and protect the public from future crime, because the2421
applicable factors under section 2929.12 of the Revised Code2422
indicating a greater likelihood of recidivism outweigh the2423
applicable factors under that section indicating a lesser2424
likelihood of recidivism.2425

       (v) The court finds that the prison terms imposed pursuant to 2426
division (D)(2)(a)(iii) of this section and, if applicable, 2427
division (D)(1) or (3) of this section are demeaning to the2428
seriousness of the offense, because one or more of the factors2429
under section 2929.12 of the Revised Code indicating that the 2430
offender's conduct is more serious than conduct normally2431
constituting the offense are present, and they outweigh the 2432
applicable factors under that section indicating that the 2433
offender's conduct is less serious than conduct normally 2434
constituting the offense.2435

       (b) The court shall impose on an offender the longest prison 2436
term authorized or required for the offense and shall impose on 2437
the offender an additional definite prison term of one, two, 2438
three, four, five, six, seven, eight, nine, or ten years if all of 2439
the following criteria are met:2440

       (i) The offender is convicted of or pleads guilty to a 2441
specification of the type described in section 2941.149 of the 2442
Revised Code that the offender is a repeat violent offender.2443

       (ii) The offender within the preceding twenty years has been 2444
convicted of or pleaded guilty to three or more offenses described 2445
in division (DD)(1) of section 2929.01 of the Revised Code, 2446
including all offenses described in that division of which the 2447
offender is convicted or to which the offender pleads guilty in 2448
the current prosecution and all offenses described in that 2449
division of which the offender previously has been convicted or to 2450
which the offender previously pleaded guilty, whether prosecuted 2451
together or separately.2452

       (iii) The offense or offenses of which the offender currently 2453
is convicted or to which the offender currently pleads guilty is 2454
aggravated murder and the court does not impose a sentence of 2455
death or life imprisonment without parole, murder, terrorism and 2456
the court does not impose a sentence of life imprisonment without 2457
parole, any felony of the first degree that is an offense of 2458
violence and the court does not impose a sentence of life 2459
imprisonment without parole, or any felony of the second degree 2460
that is an offense of violence and the trier of fact finds that 2461
the offense involved an attempt to cause or a threat to cause 2462
serious physical harm to a person or resulted in serious physical 2463
harm to a person.2464

       (c) For purposes of division (D)(2)(b) of this section, two 2465
or more offenses committed at the same time or as part of the same 2466
act or event shall be considered one offense, and that one offense 2467
shall be the offense with the greatest penalty.2468

       (d) A sentence imposed under division (D)(2)(a) or (b) of 2469
this section shall not be reduced pursuant to section 2929.20 or 2470
section 2967.193, or any other provision of Chapter 2967. or 2471
Chapter 5120. of the Revised Code. The offender shall serve an 2472
additional prison term imposed under this section consecutively to 2473
and prior to the prison term imposed for the underlying offense.2474

       (e) When imposing a sentence pursuant to division (D)(2)(a) 2475
or (b) of this section, the court shall state its findings 2476
explaining the imposed sentence.2477

       (3)(a) Except when an offender commits a violation of section 2478
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 2479
the violation is life imprisonment or commits a violation of 2480
section 2903.02 of the Revised Code, if the offender commits a 2481
violation of section 2925.03 or 2925.11 of the Revised Code and 2482
that section classifies the offender as a major drug offender and 2483
requires the imposition of a ten-year prison term on the offender, 2484
if the offender commits a felony violation of section 2925.02,2485
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 2486
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 2487
division (C) of section 4729.51, or division (J) of section 2488
4729.54 of the Revised Code that includes the sale, offer to sell,2489
or possession of a schedule I or II controlled substance, with the 2490
exception of marihuana, and the court imposing sentence upon the 2491
offender finds that the offender is guilty of a specification of 2492
the type described in section 2941.1410 of the Revised Code 2493
charging that the offender is a major drug offender, if the court 2494
imposing sentence upon an offender for a felony finds that the 2495
offender is guilty of corrupt activity with the most serious 2496
offense in the pattern of corrupt activity being a felony of the 2497
first degree, or if the offender is guilty of an attempted2498
violation of section 2907.02 of the Revised Code and, had the2499
offender completed the violation of section 2907.02 of the Revised2500
Code that was attempted, the offender would have been subject to a2501
sentence of life imprisonment or life imprisonment without parole2502
for the violation of section 2907.02 of the Revised Code, the2503
court shall impose upon the offender for the felony violation a2504
ten-year prison term that cannot be reduced pursuant to section2505
2929.20 or Chapter 2967. or 5120. of the Revised Code.2506

       (b) The court imposing a prison term on an offender under2507
division (D)(3)(a) of this section may impose an additional prison2508
term of one, two, three, four, five, six, seven, eight, nine, or2509
ten years, if the court, with respect to the term imposed under2510
division (D)(3)(a) of this section and, if applicable, divisions2511
(D)(1) and (2) of this section, makes both of the findings set2512
forth in divisions (D)(2)(a)(iv) and (v) of this section.2513

       (4) If the offender is being sentenced for a third or fourth2514
degree felony OVI offense under division (G)(2) of section 2929.132515
of the Revised Code, the sentencing court shall impose upon the2516
offender a mandatory prison term in accordance with that division.2517
In addition to the mandatory prison term, if the offender is being2518
sentenced for a fourth degree felony OVI offense, the court,2519
notwithstanding division (A)(4) of this section, may sentence the2520
offender to a definite prison term of not less than six months and2521
not more than thirty months, and if the offender is being2522
sentenced for a third degree felony OVI offense, the sentencing2523
court may sentence the offender to an additional prison term of2524
any duration specified in division (A)(3) of this section. In2525
either case, the additional prison term imposed shall be reduced2526
by the sixty or one hundred twenty days imposed upon the offender2527
as the mandatory prison term. The total of the additional prison2528
term imposed under division (D)(4) of this section plus the sixty2529
or one hundred twenty days imposed as the mandatory prison term2530
shall equal a definite term in the range of six months to thirty2531
months for a fourth degree felony OVI offense and shall equal one2532
of the authorized prison terms specified in division (A)(3) of2533
this section for a third degree felony OVI offense. If the court2534
imposes an additional prison term under division (D)(4) of this2535
section, the offender shall serve the additional prison term after2536
the offender has served the mandatory prison term required for the2537
offense. In addition to the mandatory prison term or mandatory and 2538
additional prison term imposed as described in division (D)(4) of 2539
this section, the court also may sentence the offender to a 2540
community control sanction under section 2929.16 or 2929.17 of the 2541
Revised Code, but the offender shall serve all of the prison terms 2542
so imposed prior to serving the community control sanction.2543

        If the offender is being sentenced for a fourth degree felony 2544
OVI offense under division (G)(1) of section 2929.13 of the 2545
Revised Code and the court imposes a mandatory term of local 2546
incarceration, the court may impose a prison term as described in 2547
division (A)(1) of that section.2548

       (5) If an offender is convicted of or pleads guilty to a2549
violation of division (A)(1) or (2) of section 2903.06 of the2550
Revised Code and also is convicted of or pleads guilty to a2551
specification of the type described in section 2941.1414 of the2552
Revised Code that charges that the victim of the offense is a2553
peace officer, as defined in section 2935.01 of the Revised Code,2554
the court shall impose on the offender a prison term of five2555
years. If a court imposes a prison term on an offender under2556
division (D)(5) of this section, the prison term shall not be2557
reduced pursuant to section 2929.20, section 2967.193, or any2558
other provision of Chapter 2967. or Chapter 5120. of the Revised2559
Code. A court shall not impose more than one prison term on an2560
offender under division (D)(5) of this section for felonies2561
committed as part of the same act.2562

        (6) If an offender is convicted of or pleads guilty to a2563
violation of division (A)(1) or (2) of section 2903.06 of the2564
Revised Code and also is convicted of or pleads guilty to a2565
specification of the type described in section 2941.1415 of the2566
Revised Code that charges that the offender previously has been2567
convicted of or pleaded guilty to three or more violations of 2568
division (A) or (B) of section 4511.19 of the Revised Code or an 2569
equivalent offense, as defined in section 2941.1415 of the Revised 2570
Code, or three or more violations of any combination of those 2571
divisions and offenses, the court shall impose on the offender a 2572
prison term of three years. If a court imposes a prison term on an 2573
offender under division (D)(6) of this section, the prison term 2574
shall not be reduced pursuant to section 2929.20, section 2575
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 2576
of the Revised Code. A court shall not impose more than one prison 2577
term on an offender under division (D)(6) of this section for 2578
felonies committed as part of the same act.2579

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 2580
mandatory prison term is imposed upon an offender pursuant to2581
division (D)(1)(a) of this section for having a firearm on or2582
about the offender's person or under the offender's control while2583
committing a felony, if a mandatory prison term is imposed upon an2584
offender pursuant to division (D)(1)(c) of this section for2585
committing a felony specified in that division by discharging a2586
firearm from a motor vehicle, or if both types of mandatory prison2587
terms are imposed, the offender shall serve any mandatory prison2588
term imposed under either division consecutively to any other2589
mandatory prison term imposed under either division or under2590
division (D)(1)(d) of this section, consecutively to and prior to2591
any prison term imposed for the underlying felony pursuant to2592
division (A), (D)(2), or (D)(3) of this section or any other2593
section of the Revised Code, and consecutively to any other prison2594
term or mandatory prison term previously or subsequently imposed2595
upon the offender.2596

       (b) If a mandatory prison term is imposed upon an offender2597
pursuant to division (D)(1)(d) of this section for wearing or2598
carrying body armor while committing an offense of violence that2599
is a felony, the offender shall serve the mandatory term so2600
imposed consecutively to any other mandatory prison term imposed2601
under that division or under division (D)(1)(a) or (c) of this2602
section, consecutively to and prior to any prison term imposed for2603
the underlying felony under division (A), (D)(2), or (D)(3) of2604
this section or any other section of the Revised Code, and2605
consecutively to any other prison term or mandatory prison term2606
previously or subsequently imposed upon the offender.2607

       (c) If a mandatory prison term is imposed upon an offender2608
pursuant to division (D)(1)(f) of this section, the offender shall2609
serve the mandatory prison term so imposed consecutively to and2610
prior to any prison term imposed for the underlying felony under2611
division (A), (D)(2), or (D)(3) of this section or any other2612
section of the Revised Code, and consecutively to any other prison2613
term or mandatory prison term previously or subsequently imposed2614
upon the offender.2615

       (2) If an offender who is an inmate in a jail, prison, or2616
other residential detention facility violates section 2917.02,2617
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender2618
who is under detention at a detention facility commits a felony2619
violation of section 2923.131 of the Revised Code, or if an2620
offender who is an inmate in a jail, prison, or other residential2621
detention facility or is under detention at a detention facility2622
commits another felony while the offender is an escapee in2623
violation of section 2921.34 of the Revised Code, any prison term2624
imposed upon the offender for one of those violations shall be2625
served by the offender consecutively to the prison term or term of2626
imprisonment the offender was serving when the offender committed2627
that offense and to any other prison term previously or2628
subsequently imposed upon the offender.2629

       (3) If a prison term is imposed for a violation of division2630
(B) of section 2911.01 of the Revised Code, a violation of 2631
division (A) of section 2913.02 of the Revised Code in which the 2632
stolen property is a firearm or dangerous ordnance, or a felony 2633
violation of division (B) of section 2921.331 of the Revised Code, 2634
the offender shall serve that prison term consecutively to any2635
other prison term or mandatory prison term previously or 2636
subsequently imposed upon the offender.2637

       (4) If multiple prison terms are imposed on an offender for2638
convictions of multiple offenses, the court may require the2639
offender to serve the prison terms consecutively if the court2640
finds that the consecutive service is necessary to protect the2641
public from future crime or to punish the offender and that2642
consecutive sentences are not disproportionate to the seriousness2643
of the offender's conduct and to the danger the offender poses to2644
the public, and if the court also finds any of the following:2645

       (a) The offender committed one or more of the multiple2646
offenses while the offender was awaiting trial or sentencing, was2647
under a sanction imposed pursuant to section 2929.16, 2929.17, or2648
2929.18 of the Revised Code, or was under post-release control for2649
a prior offense.2650

       (b) At least two of the multiple offenses were committed as2651
part of one or more courses of conduct, and the harm caused by two2652
or more of the multiple offenses so committed was so great or2653
unusual that no single prison term for any of the offenses2654
committed as part of any of the courses of conduct adequately2655
reflects the seriousness of the offender's conduct.2656

       (c) The offender's history of criminal conduct demonstrates2657
that consecutive sentences are necessary to protect the public2658
from future crime by the offender.2659

       (5) If a mandatory prison term is imposed upon an offender2660
pursuant to division (D)(5) or (6) of this section, the offender2661
shall serve the mandatory prison term consecutively to and prior2662
to any prison term imposed for the underlying violation of2663
division (A)(1) or (2) of section 2903.06 of the Revised Code2664
pursuant to division (A) of this section. If a mandatory prison2665
term is imposed upon an offender pursuant to division (D)(5) of2666
this section, and if a mandatory prison term also is imposed upon2667
the offender pursuant to division (D)(6) of this section in2668
relation to the same violation, the offender shall serve the2669
mandatory prison term imposed pursuant to division (D)(5) of this2670
section consecutively to and prior to the mandatory prison term2671
imposed pursuant to division (D)(6) of this section and2672
consecutively to and prior to any prison term imposed for the2673
underlying violation of division (A)(1) or (2) of section 2903.062674
of the Revised Code pursuant to division (A) of this section.2675

       (6) When consecutive prison terms are imposed pursuant to2676
division (E)(1), (2), (3), (4), or (5) of this section, the term 2677
to be served is the aggregate of all of the terms so imposed.2678

       (F)(1) If a court imposes a prison term for a felony of the 2679
first degree, for a felony of the second degree, for a felony sex 2680
offense, or for a felony of the third degree that is not a felony 2681
sex offense and in the commission of which the offender caused or 2682
threatened to cause physical harm to a person, it shall include in 2683
the sentence a requirement that the offender be subject to a 2684
period of post-release control after the offender's release from 2685
imprisonment, in accordance with that division. If a court imposes 2686
a sentence including a prison term of a type described in this 2687
division on or after the effective date of this amendmentJuly 11, 2688
2006, the failure of a court to include a post-release control 2689
requirement in the sentence pursuant to this division does not 2690
negate, limit, or otherwise affect the mandatory period of 2691
post-release control that is required for the offender under 2692
division (B) of section 2967.28 of the Revised Code. Section 2693
2929.191 of the Revised Code applies if, prior to the effective 2694
date of this amendmentJuly 11, 2006, a court imposed a sentence 2695
including a prison term of a type described in this division and 2696
failed to include in the sentence pursuant to this division a 2697
statement regarding post-release control.2698

       (2) If a court imposes a prison term for a felony of the 2699
third, fourth, or fifth degree that is not subject to division 2700
(F)(1) of this section, it shall include in the sentence a 2701
requirement that the offender be subject to a period of 2702
post-release control after the offender's release from 2703
imprisonment, in accordance with that division, if the parole 2704
board determines that a period of post-release control is2705
necessary. Section 2929.191 of the Revised Code applies if, prior 2706
to the effective date of this amendmentJuly 11, 2006, a court 2707
imposed a sentence including a prison term of a type described in 2708
this division and failed to include in the sentence pursuant to 2709
this division a statement regarding post-release control.2710

       (G) If a person is convicted of or pleads guilty to a violent 2711
sex offense or a designated homicide, assault, or kidnapping 2712
offense and, in relation to that offense, the offender is 2713
adjudicated a sexually violent predator, if a person is convicted 2714
of or pleads guilty to a violation of division (A)(1)(b) of 2715
section 2907.02 of the Revised Code committed on or after the 2716
effective date of this amendment and either the court does not 2717
impose a sentence of life without parole when authorized pursuant 2718
to division (B) of section 2907.02 of the Revised Code or division 2719
(B) of section 2907.02 of the Revised Code provides that the court 2720
shall not sentence the offender pursuant to section 2971.03 of the 2721
Revised Code, or if a person is convicted of or pleads guilty to 2722
attempted rape committed on or after the effective date of this 2723
amendment and a specification of the type described in section 2724
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the court 2725
shall impose sentence upon the offender in accordance with section 2726
2971.03 of the Revised Code, and Chapter 2971. of the Revised Code 2727
applies regarding the prison term or term of life imprisonment 2728
without parole imposed upon the offender and the service of that 2729
term of imprisonment.2730

       (H) If a person who has been convicted of or pleaded guilty2731
to a felony is sentenced to a prison term or term of imprisonment2732
under this section, sections 2929.02 to 2929.06 of the Revised2733
Code, section 2971.03 of the Revised Code, or any other provision2734
of law, section 5120.163 of the Revised Code applies regarding the2735
person while the person is confined in a state correctional2736
institution.2737

       (I) If an offender who is convicted of or pleads guilty to a2738
felony that is an offense of violence also is convicted of or2739
pleads guilty to a specification of the type described in section2740
2941.142 of the Revised Code that charges the offender with having2741
committed the felony while participating in a criminal gang, the2742
court shall impose upon the offender an additional prison term of2743
one, two, or three years.2744

       (J) If an offender who is convicted of or pleads guilty to2745
aggravated murder, murder, or a felony of the first, second, or2746
third degree that is an offense of violence also is convicted of2747
or pleads guilty to a specification of the type described in2748
section 2941.143 of the Revised Code that charges the offender2749
with having committed the offense in a school safety zone or2750
towards a person in a school safety zone, the court shall impose2751
upon the offender an additional prison term of two years. The2752
offender shall serve the additional two years consecutively to and2753
prior to the prison term imposed for the underlying offense.2754

       (K) At the time of sentencing, the court may recommend the2755
offender for placement in a program of shock incarceration under2756
section 5120.031 of the Revised Code or for placement in an2757
intensive program prison under section 5120.032 of the Revised2758
Code, disapprove placement of the offender in a program of shock2759
incarceration or an intensive program prison of that nature, or2760
make no recommendation on placement of the offender. In no case2761
shall the department of rehabilitation and correction place the2762
offender in a program or prison of that nature unless the2763
department determines as specified in section 5120.031 or 5120.0322764
of the Revised Code, whichever is applicable, that the offender is2765
eligible for the placement.2766

       If the court disapproves placement of the offender in a2767
program or prison of that nature, the department of rehabilitation2768
and correction shall not place the offender in any program of2769
shock incarceration or intensive program prison.2770

       If the court recommends placement of the offender in a2771
program of shock incarceration or in an intensive program prison, 2772
and if the offender is subsequently placed in the recommended2773
program or prison, the department shall notify the court of the2774
placement and shall include with the notice a brief description of2775
the placement.2776

       If the court recommends placement of the offender in a2777
program of shock incarceration or in an intensive program prison2778
and the department does not subsequently place the offender in the2779
recommended program or prison, the department shall send a notice2780
to the court indicating why the offender was not placed in the2781
recommended program or prison.2782

       If the court does not make a recommendation under this2783
division with respect to an offender and if the department2784
determines as specified in section 5120.031 or 5120.032 of the2785
Revised Code, whichever is applicable, that the offender is2786
eligible for placement in a program or prison of that nature, the2787
department shall screen the offender and determine if there is an2788
available program of shock incarceration or an intensive program2789
prison for which the offender is suited. If there is an available2790
program of shock incarceration or an intensive program prison for2791
which the offender is suited, the department shall notify the2792
court of the proposed placement of the offender as specified in2793
section 5120.031 or 5120.032 of the Revised Code and shall include2794
with the notice a brief description of the placement. The court2795
shall have ten days from receipt of the notice to disapprove the2796
placement.2797

       Sec. 2929.19.  (A)(1) The court shall hold a sentencing2798
hearing before imposing a sentence under this chapter upon an2799
offender who was convicted of or pleaded guilty to a felony and2800
before resentencing an offender who was convicted of or pleaded2801
guilty to a felony and whose case was remanded pursuant to section2802
2953.07 or 2953.08 of the Revised Code. At the hearing, the2803
offender, the prosecuting attorney, the victim or the victim's2804
representative in accordance with section 2930.14 of the Revised2805
Code, and, with the approval of the court, any other person may2806
present information relevant to the imposition of sentence in the2807
case. The court shall inform the offender of the verdict of the2808
jury or finding of the court and ask the offender whether the2809
offender has anything to say as to why sentence should not be2810
imposed upon the offender.2811

       (2) Except as otherwise provided in this division, before2812
imposing sentence on an offender who is being sentenced on or 2813
after January 1, 1997, for a sexually oriented offense that is not 2814
a registration-exempt sexually oriented offense and who is in any 2815
category of offender described in division (B)(1)(a)(i), (ii), or 2816
(iii) of section 2950.09 of the Revised Code, the court shall2817
conduct a hearing in accordance with division (B) of section2818
2950.09 of the Revised Code to determine whether the offender is a2819
sexual predator. The court shall not conduct a hearing under that2820
division if the offender is being sentenced for a violent sex2821
offense or a designated homicide, assault, or kidnapping offense 2822
and, in relation to that offense, the offender was adjudicated a 2823
sexually violent predator, if the offender is being sentenced 2824
under section 2971.03 of the Revised Code for a violation of 2825
division (A)(1)(b) of section 2907.02 of the Revised Code 2826
committed on or after the effective date of this amendment, if the 2827
offender is sentenced to a term of life without parole under 2828
division (B) of section 2907.02 of the Revised Code, or if the 2829
offender is being sentenced for attempted rape committed on or 2830
after the effective date of this amendment and a specification of 2831
the type described in section 2941.1418, 2941.1419, or 2941.1420 2832
of the Revised Code. Before imposing sentence on an offender who 2833
is being sentenced for a sexually oriented offense that is not a 2834
registration-exempt sexually oriented offense, the court also 2835
shall comply with division (E) of section 2950.09 of the Revised 2836
Code.2837

       Before imposing sentence on or after July 31, 2003, on an 2838
offender who is being sentenced for a child-victim oriented 2839
offense, regardless of when the offense was committed, the court 2840
shall conduct a hearing in accordance with division (B) of section 2841
2950.091 of the Revised Code to determine whether the offender is 2842
a child-victim predator. Before imposing sentence on an offender 2843
who is being sentenced for a child-victim oriented offense, the 2844
court also shall comply with division (E) of section 2950.091 of 2845
the Revised Code.2846

       (B)(1) At the sentencing hearing, the court, before imposing2847
sentence, shall consider the record, any information presented at2848
the hearing by any person pursuant to division (A) of this2849
section, and, if one was prepared, the presentence investigation2850
report made pursuant to section 2951.03 of the Revised Code or2851
Criminal Rule 32.2, and any victim impact statement made pursuant2852
to section 2947.051 of the Revised Code.2853

       (2) The court shall impose a sentence and shall make a2854
finding that gives its reasons for selecting the sentence imposed2855
in any of the following circumstances:2856

       (a) Unless the offense is a violent sex offense or designated 2857
homicide, assault, or kidnapping offense for which the court is 2858
required to impose sentence pursuant to division (G) of section 2859
2929.14 of the Revised Code, if it imposes a prison term for a 2860
felony of the fourth or fifth degree or for a felony drug offense 2861
that is a violation of a provision of Chapter 2925. of the Revised 2862
Code and that is specified as being subject to division (B) of 2863
section 2929.13 of the Revised Code for purposes of sentencing, 2864
its reasons for imposing the prison term, based upon the 2865
overriding purposes and principles of felony sentencing set forth 2866
in section 2929.11 of the Revised Code, and any factors listed in 2867
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code 2868
that it found to apply relative to the offender.2869

       (b) If it does not impose a prison term for a felony of the2870
first or second degree or for a felony drug offense that is a2871
violation of a provision of Chapter 2925. of the Revised Code and2872
for which a presumption in favor of a prison term is specified as2873
being applicable, its reasons for not imposing the prison term and2874
for overriding the presumption, based upon the overriding purposes2875
and principles of felony sentencing set forth in section 2929.112876
of the Revised Code, and the basis of the findings it made under2877
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.2878

       (c) If it imposes consecutive sentences under section 2929.14 2879
of the Revised Code, its reasons for imposing the consecutive 2880
sentences;2881

       (d) If the sentence is for one offense and it imposes a2882
prison term for the offense that is the maximum prison term2883
allowed for that offense by division (A) of section 2929.14 of the2884
Revised Code, its reasons for imposing the maximum prison term;2885

       (e) If the sentence is for two or more offenses arising out2886
of a single incident and it imposes a prison term for those2887
offenses that is the maximum prison term allowed for the offense2888
of the highest degree by division (A) of section 2929.14 of the2889
Revised Code, its reasons for imposing the maximum prison term.2890

       (3) Subject to division (B)(4) of this section, if the2891
sentencing court determines at the sentencing hearing that a2892
prison term is necessary or required, the court shall do all of2893
the following:2894

       (a) Impose a stated prison term;2895

       (b) Notify the offender that, as part of the sentence, the2896
parole board may extend the stated prison term for certain2897
violations of prison rules for up to one-half of the stated prison2898
term;2899

       (c) Notify the offender that the offender will be supervised2900
under section 2967.28 of the Revised Code after the offender2901
leaves prison if the offender is being sentenced for a felony of2902
the first degree or second degree, for a felony sex offense, or2903
for a felony of the third degree that is not a felony sex offense 2904
and in the commission of which the offender caused or threatened 2905
to cause physical harm to a person. If a court imposes a sentence 2906
including a prison term of a type described in division (B)(3)(c) 2907
of this section on or after the effective date of this amendment2908
July 11, 2006, the failure of a court to notify the offender 2909
pursuant to division (B)(3)(c) of this section that the offender 2910
will be supervised under section 2967.28 of the Revised Code after 2911
the offender leaves prison or to include in the judgment of 2912
conviction entered on the journal a statement to that effect does 2913
not negate, limit, or otherwise affect the mandatory period of 2914
supervision that is required for the offender under division (B) 2915
of section 2967.28 of the Revised Code. Section 2929.191 of the 2916
Revised Code applies if, prior to the effective date of this 2917
amendmentJuly 11, 2006, a court imposed a sentence including a 2918
prison term of a type described in division (B)(3)(c) of this 2919
section and failed to notify the offender pursuant to division 2920
(B)(3)(c) of this section regarding post-release control or to 2921
include in the judgment of conviction entered on the journal or in 2922
the sentence a statement regarding post-release control.2923

       (d) Notify the offender that the offender may be supervised2924
under section 2967.28 of the Revised Code after the offender2925
leaves prison if the offender is being sentenced for a felony of2926
the third, fourth, or fifth degree that is not subject to division2927
(B)(3)(c) of this section. Section 2929.191 of the Revised Code 2928
applies if, prior to the effective date of this amendmentJuly 11, 2929
2006, a court imposed a sentence including a prison term of a type 2930
described in division (B)(3)(d) of this section and failed to 2931
notify the offender pursuant to division (B)(3)(d) of this section 2932
regarding post-release control or to include in the judgment of 2933
conviction entered on the journal or in the sentence a statement 2934
regarding post-release control.2935

       (e) Notify the offender that, if a period of supervision is2936
imposed following the offender's release from prison, as described2937
in division (B)(3)(c) or (d) of this section, and if the offender2938
violates that supervision or a condition of post-release control2939
imposed under division (B) of section 2967.131 of the Revised2940
Code, the parole board may impose a prison term, as part of the2941
sentence, of up to one-half of the stated prison term originally2942
imposed upon the offender. If a court imposes a sentence including 2943
a prison term on or after the effective date of this amendment2944
July 11, 2006, the failure of a court to notify the offender 2945
pursuant to division (B)(3)(e) of this section that the parole 2946
board may impose a prison term as described in division (B)(3)(e) 2947
of this section for a violation of that supervision or a condition 2948
of post-release control imposed under division (B) of section 2949
2967.131 of the Revised Code or to include in the judgment of 2950
conviction entered on the journal a statement to that effect does 2951
not negate, limit, or otherwise affect the authority of the parole 2952
board to so impose a prison term for a violation of that nature 2953
if, pursuant to division (D)(1) of section 2967.28 of the Revised 2954
Code, the parole board notifies the offender prior to the 2955
offender's release of the board's authority to so impose a prison 2956
term. Section 2929.191 of the Revised Code applies if, prior to 2957
the effective date of this amendmentJuly 11, 2006, a court 2958
imposed a sentence including a prison term and failed to notify 2959
the offender pursuant to division (B)(3)(e) of this section 2960
regarding the possibility of the parole board imposing a prison 2961
term for a violation of supervision or a condition of post-release 2962
control.2963

       (f) Require that the offender not ingest or be injected with2964
a drug of abuse and submit to random drug testing as provided in2965
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever2966
is applicable to the offender who is serving a prison term, and2967
require that the results of the drug test administered under any2968
of those sections indicate that the offender did not ingest or was2969
not injected with a drug of abuse.2970

       (4) If the offender is being sentenced for a violent sex 2971
offense or designated homicide, assault, or kidnapping offense2972
that the offender committed on or after January 1, 1997, and the 2973
offender is adjudicated a sexually violent predator in relation to 2974
that offense, if the offender is being sentenced for a sexually 2975
oriented offense that is not a registration-exempt sexually 2976
oriented offense and that the offender committed on or after2977
January 1, 1997, and the court imposing the sentence has2978
determined pursuant to division (B) of section 2950.09 of the2979
Revised Code that the offender is a sexual predator, if the 2980
offender is being sentenced on or after July 31, 2003, for a 2981
child-victim oriented offense and the court imposing the sentence 2982
has determined pursuant to division (B) of section 2950.091 of the 2983
Revised Code that the offender is a child-victim predator, or if 2984
the offender is being sentenced for an aggravated sexually 2985
oriented offense as defined in section 2950.01 of the Revised 2986
Code, if the offender is being sentenced under section 2971.03 of 2987
the Revised Code for a violation of division (A)(1)(b) of section 2988
2907.02 of the Revised Code committed on or after the effective 2989
date of this amendment, if the offender is sentenced to a term of 2990
life without parole under division (B) of section 2907.02 of the 2991
Revised Code, or if the offender is being sentenced for attempted 2992
rape committed on or after the effective date of this amendment 2993
and a specification of the type described in section 2941.1418, 2994
2941.1419, or 2941.1420 of the Revised Code, the court shall 2995
include in the offender's sentence a statement that the offender 2996
has been adjudicated a sexual predator, has been adjudicated a 2997
child victim predator, or has been convicted of or pleaded guilty2998
to an aggravated sexually oriented offense, whichever is2999
applicable, and shall comply with the requirements of section3000
2950.03 of the Revised Code. Additionally, in the circumstances3001
described in division (G) of section 2929.14 of the Revised Code,3002
the court shall impose sentence on the offender as described in3003
that division.3004

       (5) If the sentencing court determines at the sentencing3005
hearing that a community control sanction should be imposed and3006
the court is not prohibited from imposing a community control3007
sanction, the court shall impose a community control sanction. The3008
court shall notify the offender that, if the conditions of the3009
sanction are violated, if the offender commits a violation of any3010
law, or if the offender leaves this state without the permission3011
of the court or the offender's probation officer, the court may3012
impose a longer time under the same sanction, may impose a more3013
restrictive sanction, or may impose a prison term on the offender3014
and shall indicate the specific prison term that may be imposed as3015
a sanction for the violation, as selected by the court from the3016
range of prison terms for the offense pursuant to section 2929.143017
of the Revised Code.3018

       (6) Before imposing a financial sanction under section3019
2929.18 of the Revised Code or a fine under section 2929.32 of the3020
Revised Code, the court shall consider the offender's present and3021
future ability to pay the amount of the sanction or fine.3022

       (7) If the sentencing court sentences the offender to a3023
sanction of confinement pursuant to section 2929.14 or 2929.16 of3024
the Revised Code that is to be served in a local detention3025
facility, as defined in section 2929.36 of the Revised Code, and3026
if the local detention facility is covered by a policy adopted3027
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,3028
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code3029
and section 2929.37 of the Revised Code, both of the following3030
apply:3031

       (a) The court shall specify both of the following as part of3032
the sentence:3033

       (i) If the offender is presented with an itemized bill3034
pursuant to section 2929.37 of the Revised Code for payment of the3035
costs of confinement, the offender is required to pay the bill in3036
accordance with that section.3037

       (ii) If the offender does not dispute the bill described in3038
division (B)(7)(a)(i) of this section and does not pay the bill by3039
the times specified in section 2929.37 of the Revised Code, the3040
clerk of the court may issue a certificate of judgment against the3041
offender as described in that section.3042

       (b) The sentence automatically includes any certificate of3043
judgment issued as described in division (B)(7)(a)(ii) of this3044
section.3045

       (C)(1) If the offender is being sentenced for a fourth degree 3046
felony OVI offense under division (G)(1) of section 2929.13 of the 3047
Revised Code, the court shall impose the mandatory term of local3048
incarceration in accordance with that division, shall impose a 3049
mandatory fine in accordance with division (B)(3) of section3050
2929.18 of the Revised Code, and, in addition, may impose3051
additional sanctions as specified in sections 2929.15, 2929.16,3052
2929.17, and 2929.18 of the Revised Code. The court shall not3053
impose a prison term on the offender except that the court may 3054
impose a prison term upon the offender as provided in division 3055
(A)(1) of section 2929.13 of the Revised Code.3056

       (2) If the offender is being sentenced for a third or fourth3057
degree felony OVI offense under division (G)(2) of section 2929.133058
of the Revised Code, the court shall impose the mandatory prison3059
term in accordance with that division, shall impose a mandatory3060
fine in accordance with division (B)(3) of section 2929.18 of the3061
Revised Code, and, in addition, may impose an additional prison3062
term as specified in section 2929.14 of the Revised Code. In 3063
addition to the mandatory prison term or mandatory prison term and 3064
additional prison term the court imposes, the court also may 3065
impose a community control sanction on the offender, but the 3066
offender shall serve all of the prison terms so imposed prior to 3067
serving the community control sanction.3068

       (D) The sentencing court, pursuant to division (K) of section3069
2929.14 of the Revised Code, may recommend placement of the3070
offender in a program of shock incarceration under section3071
5120.031 of the Revised Code or an intensive program prison under3072
section 5120.032 of the Revised Code, disapprove placement of the3073
offender in a program or prison of that nature, or make no3074
recommendation. If the court recommends or disapproves placement,3075
it shall make a finding that gives its reasons for its3076
recommendation or disapproval.3077

       Sec. 2930.16.  (A) If a defendant is incarcerated, a victim 3078
in a case who has requested to receive notice under this section3079
shall be given notice of the incarceration of the defendant. If an 3080
alleged juvenile offender is committed to the temporary custody of 3081
a school, camp, institution, or other facility operated for the3082
care of delinquent children or to the legal custody of the3083
department of youth services, a victim in a case who has requested 3084
to receive notice under this section shall be given notice of the 3085
commitment. Promptly after sentence is imposed upon the defendant 3086
or the commitment of the alleged juvenile offender is ordered, the 3087
prosecutor in the case shall notify the victim of the date on 3088
which the defendant will be released from confinement or the 3089
prosecutor's reasonable estimate of that date or the date on which 3090
the alleged juvenile offender will have served the minimum period 3091
of commitment or the prosecutor's reasonable estimate of that 3092
date. The prosecutor also shall notify the victim of the name of 3093
the custodial agency of the defendant or alleged juvenile offender 3094
and tell the victim how to contact that custodial agency. If the 3095
custodial agency is the department of rehabilitation and 3096
correction, the prosecutor shall notify the victim of the services 3097
offered by the office of victims' services pursuant to section 3098
5120.60 of the Revised Code. If the custodial agency is the 3099
department of youth services, the prosecutor shall notify the 3100
victim of the services provided by the office of victims' services 3101
within the release authority of the department pursuant to section 3102
5139.55 of the Revised Code and the victim's right pursuant to 3103
section 5139.56 of the Revised Code to submit a written request to 3104
the release authority to be notified of actions the release 3105
authority takes with respect to the alleged juvenile offender. The 3106
victim shall keep the custodial agency informed of the victim's 3107
current address and telephone number.3108

       (B)(1) Upon the victim's request, the prosecutor promptly 3109
shall notify the victim of any hearing for judicial release of the 3110
defendant pursuant to section 2929.20 of the Revised Code or of 3111
any hearing for judicial release or early release of the alleged 3112
juvenile offender pursuant to section 2151.38 of the Revised Code 3113
and of the victim's right to make a statement under those 3114
sections. The court shall notify the victim of its ruling in each 3115
of those hearings and on each of those applications.3116

       (2) If an offender is convicted of or pleads guilty to a 3117
violent sex offense or designated homicide, assault, or kidnapping 3118
offense, if the offender is adjudicated a sexually violent3119
predator in relation to that crime, and if the offender is 3120
sentenced to a prison term for that crime pursuant to division3121
(A)(3) of section 2971.03 of the Revised Code, if an offender is 3122
convicted of or pleads guilty to a violation of division (A)(1)(b) 3123
of section 2907.02 of the Revised Code committed on or after the 3124
effective date of this amendment, and the offender is sentenced to 3125
a prison term for that offense pursuant to division (B)(1)(a), 3126
(b), or (c) of section 2971.03 of the Revised Code, if an offender 3127
is convicted of or pleads guilty to attempted rape committed on or 3128
after the effective date of this amendment, the offender also is 3129
convicted of or pleads guilty to a specification of the type 3130
described in section 2941.1418 of the Revised Code, and the 3131
offender is sentenced to a prison term for that offense pursuant 3132
to division (B)(2)(a) of section 2971.03 of the Revised Code, if 3133
the offender is convicted of or pleads guilty to attempted rape 3134
committed on or after the effective date of this amendment, the 3135
offender also is convicted of or pleads guilty to a specification 3136
of the type described in section 2941.1419 of the Revised Code, 3137
and the offender is sentenced to a prison term for that offense 3138
pursuant to division (B)(2)(b) of section 2971.03 of the Revised 3139
Code, or if the offender is convicted of or pleads guilty to 3140
attempted rape committed on or after the effective date of this 3141
amendment, the offender also is convicted of or pleads guilty to a 3142
specification of the type described in section 2941.1420 of the 3143
Revised Code, and the offender is sentenced to a prison term for 3144
that offense pursuant to division (B)(2)(c) of section 2971.03 of 3145
the Revised Code, upon the request of the victim of the crime, the 3146
prosecutor promptly shall notify the victim of any hearing to be 3147
conducted pursuant to section 2971.05 of the Revised Code to 3148
determine whether to modify the requirement that the offender 3149
serve the entire prison term in a state correctional facility in 3150
accordance with division (C) of that section, whether to continue, 3151
revise, or revoke any existing modification of that requirement, 3152
or whether to terminate the prison term in accordance with 3153
division (D) of that section. The court shall notify the victim of 3154
any order issued at the conclusion of the hearing. As used in 3155
this division:3156

       (a) "Adjudicated a sexually violent predator" has the same 3157
meaning as in section 2929.01 of the Revised Code and a person is 3158
"adjudicated a sexually violent predator" in the same manner and 3159
the same circumstances as are described in that section.3160

       (b) "Designated homicide, assault, or kidnapping offense" and 3161
"violent sex offense" have the same meanings as in section 2971.01 3162
of the Revised Code.3163

       (C) Upon the victim's request made at any time before the3164
particular notice would be due, the custodial agency of a3165
defendant or alleged juvenile offender shall give the victim any 3166
of the following notices that is applicable:3167

       (1) At least three weeks before the adult parole authority3168
recommends a pardon or commutation of sentence for the defendant 3169
or at least three weeks prior to a hearing before the adult parole 3170
authority regarding a grant of parole to the defendant, notice of 3171
the victim's right to submit a statement regarding the impact of 3172
the defendant's release in accordance with section 2967.12 of the 3173
Revised Code and, if applicable, of the victim's right to appear 3174
at a full board hearing of the parole board to give testimony as 3175
authorized by section 5149.101 of the Revised Code;3176

       (2) At least three weeks before the defendant is transferred 3177
to transitional control under section 2967.26 of the Revised Code, 3178
notice of the pendency of the transfer and of the victim's right 3179
under that section to submit a statement regarding the impact of 3180
the transfer;3181

       (3) At least thirty days before the release authority of the3182
department of youth services holds a release review, release3183
hearing, or discharge review for the alleged juvenile offender, 3184
notice of the pendency of the review or hearing, of the victim's 3185
right to make an oral or written statement regarding the impact of 3186
the crime upon the victim or regarding the possible release or 3187
discharge, and, if the notice pertains to a hearing, of the 3188
victim's right to attend and make statements or comments at the 3189
hearing as authorized by section 5139.56 of the Revised Code;3190

       (4) Prompt notice of the defendant's or alleged juvenile 3191
offender's escape from a facility of the custodial agency in which 3192
the defendant was incarcerated or in which the alleged juvenile 3193
offender was placed after commitment, of the defendant's or 3194
alleged juvenile offender's absence without leave from a mental 3195
health or mental retardation and developmental disabilities 3196
facility or from other custody, and of the capture of the 3197
defendant or alleged juvenile offender after an escape or absence;3198

       (5) Notice of the defendant's or alleged juvenile offender's 3199
death while in confinement or custody;3200

       (6) Notice of the defendant's or alleged juvenile offender's 3201
release from confinement or custody and the terms and conditions 3202
of the release.3203

       Sec. 2941.148.  (A)(1) The application of Chapter 2971. of 3204
the Revised Code to an offender is precluded unless theone of the 3205
following applies:3206

       (a) The offender is charged with a violent sex offense, and 3207
the indictment, count in the indictment, or information charging 3208
the violent sex offense also includes a specification that the 3209
offender is a sexually violent predator, or the offender is 3210
charged with a designated homicide, assault, or kidnapping 3211
offense, and the indictment, count in the indictment, or 3212
information charging the designated homicide, assault, or 3213
kidnapping offense also includes both a specification of the type 3214
described in section 2941.147 of the Revised Code and a 3215
specification that the offender is a sexually violent predator. 3216
The3217

       (b) The offender is convicted of or pleads guilty to a 3218
violation of division (A)(1)(b) of section 2907.02 of the Revised 3219
Code committed on or after the effective date of this amendment 3220
and division (B) of section 2907.02 of the Revised Code does not 3221
prohibit the court from sentencing the offender pursuant to 3222
section 2971.03 of the Revised Code.3223

       (c) The offender is convicted of or pleads guilty to 3224
attempted rape committed on or after the effective date of this 3225
amendment and to a specification of the type described in section 3226
2941.1418, 2941.1419, or 2941.1420 of the Revised Code.3227

       (2) A specification required under division (A)(1)(a) of this 3228
section that thean offender is a sexually violent predator shall 3229
be stated at the end of the body of the indictment, count, or 3230
information and shall be stated in substantially the following 3231
form:3232

       "Specification (or, specification to the first count). The 3233
grand jury (or insert the person's or prosecuting attorney's name 3234
when appropriate) further find and specify that the offender is a 3235
sexually violent predator."3236

       (B) In determining for purposes of this section whether a 3237
person is a sexually violent predator, all of the factors set 3238
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised 3239
Code that apply regarding the person may be considered as evidence 3240
tending to indicate that it is likely that the person will engage 3241
in the future in one or more sexually violent offenses.3242

       (C) As used in this section, "designated homicide, assault, 3243
or kidnapping offense," "violent sex offense," and "sexually 3244
violent predator" have the same meanings as in section 2971.01 of3245
the Revised Code.3246

       Sec. 2941.1418. (A) Imposition of a mandatory indefinite 3247
prison term consisting of a minimum term of five years and a 3248
maximum term of twenty-five years upon an offender pursuant to 3249
division (A)(3)(e)(ii) or (B)(2)(a) of section 2971.03 of the 3250
Revised Code is precluded unless the offender is convicted of or 3251
pleads guilty to attempted rape and unless the indictment, count 3252
in the indictment, or information charging the offense specifies 3253
that the offender was sixteen years of age or older at the time of 3254
the commission of the offense and that, had the offender completed 3255
the rape that was attempted, the offender would have been guilty 3256
of rape in violation of division (A)(1)(b) of section 2907.02 of 3257
the Revised Code.3258

       (B) The specification shall be stated at the end of the body 3259
of the indictment, count, or information and shall be stated in 3260
substantially the following form:3261

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 3262
Grand Jurors (or insert the person's or the prosecuting attorney's 3263
name when appropriate) further find and specify that (set forth 3264
that the offender was sixteen years of age or older at the time of 3265
the commission of the offense and that, had the offender completed 3266
the rape that was attempted, the offender would have been guilty 3267
of a violation of division (A)(1)(b) of section 2907.02 of the 3268
Revised Code)."3269

       Sec. 2941.1419. Imposition of a mandatory indefinite prison 3270
term consisting of a minimum term of ten years and a maximum term 3271
of life imprisonment upon an offender pursuant to division 3272
(A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code 3273
is precluded unless the offender is convicted of or pleads guilty 3274
to attempted rape and unless the indictment, count in the 3275
indictment, or information charging the offense specifies that, 3276
had the offender completed the rape that was attempted, the 3277
offender would have been guilty of rape in violation of division 3278
(A)(1)(b) of section 2907.02 of the Revised Code and specifies 3279
that one of the following applies:3280

       (A) The victim was under ten years of age.3281

       (B) The offender attempted to commit rape by purposely 3282
compelling the victim to submit by force or threat of force, and 3283
the offender was sixteen years of age or older at the time of the 3284
commission of the offense.3285

       The specification shall be stated at the end of the body of 3286
the indictment, count, or information and shall be stated in 3287
substantially the following form:3288

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 3289
Grand Jurors (or insert the person's or the prosecuting attorney's 3290
name when appropriate) further find and specify that (set forth 3291
that, had the offender completed the rape that was attempted, the 3292
offender would have been guilty of a violation of division 3293
(A)(1)(b) of section 2907.02 of the Revised Code, and the victim 3294
was under ten years of age or the offender attempted to commit 3295
rape by purposely compelling the victim to submit by force or 3296
threat of force, and the offender was sixteen years of age or 3297
older at the time of the commission of the offense)." 3298

       Sec. 2941.1420. (A) Imposition of a mandatory indefinite 3299
prison term consisting of a minimum term of fifteen years and a 3300
maximum term of life imprisonment upon an offender pursuant to 3301
division (A)(3)(e)(iv) or (B)(2)(c) of section 2971.03 of the 3302
Revised Code is precluded unless the offender is convicted of or 3303
pleads guilty to attempted rape and unless the indictment, count 3304
in the indictment, or information charging the offense specifies 3305
that, had the offender completed the rape that was attempted, the 3306
offender would have been guilty of rape in violation of division 3307
(A)(1)(b) of section 2907.02 of the Revised Code, and any of the 3308
following apply:3309

       (1) The offender previously has been convicted of or pleaded 3310
guilty to one of the following:3311

        (a) Attempted rape and previously has been convicted of or 3312
pleaded guilty to a specification of the type described in this 3313
section or section 2941.1418 or 2941.1419 of the Revised Code;3314

        (b) Attempted rape under circumstances that are substantially 3315
similar to the circumstances described in this section or section 3316
2941.1419 or 2941.1420 of the Revised Code;3317

       (c) A violation of an existing or former law of this state, 3318
another state, or the United States that is substantially similar 3319
to any of the offenses described in divisions (A)(1)(a) and (b) of 3320
this section.3321

       (2) The offender previously has been convicted of or pleaded 3322
guilty to violating division (A)(1)(b) of section 2907.02 of the 3323
Revised Code or to violating a substantially similar existing or 3324
former law of this state, another state, or the United States.3325

       (3) The offender during or immediately after the commission 3326
of the offense caused serious physical harm to the victim.3327

       (B) The specification shall be stated at the end of the body 3328
of the indictment, count, or information and shall be stated in 3329
substantially the following form:3330

        "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 3331
Grand Jurors (or insert the person's or the prosecuting attorney's 3332
name when appropriate) further find and specify that (set forth 3333
that, had the offender completed the rape that was attempted, the 3334
offender would have been guilty of a violation of division 3335
(A)(1)(b) of section 2907.02 of the Revised Code, and the offender 3336
previously has been convicted of or pleaded guilty to attempted 3337
rape and previously has been convicted of or pleaded guilty to a 3338
specification of the type described in this section or section 3339
2941.1418 or 2941.1419 of the Revised Code, previously has been 3340
convicted of or pleaded guilty to attempted rape under 3341
circumstances that are substantially similar to the circumstances 3342
described in this section or section 2941.1419 or 2941.1420 of the 3343
Revised Code, or previously has been convicted of or pleaded 3344
guilty to violating a substantially similar existing or former law 3345
of this state, another state, or the United States; previously has 3346
been convicted of or pleaded guilty to violating division 3347
(A)(1)(b) of section 2907.02 of the Revised Code or to violating a 3348
substantially similar existing or former law of this state, 3349
another state, or the United States; or the offender during or 3350
immediately after the commission of the offense caused serious 3351
physical harm to the victim)." 3352

       Sec. 2950.01. As used in this chapter, unless the context3353
clearly requires otherwise:3354

       (A) "Confinement" includes, but is not limited to, a3355
community residential sanction imposed pursuant to section 2929.163356
or 2929.26 of the Revised Code.3357

       (B) "Habitual sex offender" means, except when a juvenile3358
judge removes this classification pursuant to division (A)(2) of3359
section 2152.84 or division (C)(2) of section 2152.85 of the3360
Revised Code, a person to whom both of the following apply:3361

       (1) The person is convicted of or pleads guilty to a sexually 3362
oriented offense that is not a registration-exempt sexually 3363
oriented offense, or the person is adjudicated a delinquent child 3364
for committing on or after January 1, 2002, a sexually oriented 3365
offense that is not a registration-exempt sexually oriented 3366
offense, was fourteen years of age or older at the time of 3367
committing the offense, and is classified a juvenile sex offender 3368
registrant based on that adjudication.3369

       (2) One of the following applies to the person:3370

       (a) Regarding a person who is an offender, the person3371
previously was convicted of or pleaded guilty to one or more3372
sexually oriented offenses or child-victim oriented offenses or3373
previously was adjudicated a delinquent child for committing one 3374
or more sexually oriented offenses or child-victim oriented 3375
offenses and was classified a juvenile offender registrant or3376
out-of-state juvenile offender registrant based on one or more of 3377
those adjudications, regardless of when the offense was committed 3378
and regardless of the person's age at the time of committing the3379
offense.3380

       (b) Regarding a delinquent child, the person previously was3381
convicted of, pleaded guilty to, or was adjudicated a delinquent3382
child for committing one or more sexually oriented offenses or 3383
child-victim oriented offenses, regardless of when the offense was 3384
committed and regardless of the person's age at the time of 3385
committing the offense.3386

       (C) "Prosecutor" has the same meaning as in section 2935.013387
of the Revised Code.3388

       (D) "Sexually oriented offense" means any of the following:3389

       (1) Any of the following violations or offenses committed by3390
a person eighteen years of age or older:3391

       (a) Regardless of the age of the victim of the offense, a3392
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the 3393
Revised Code;3394

       (b) Any of the following offenses involving a minor, in the3395
circumstances specified:3396

       (i) A violation of division (A)(4) of section 2905.01 or 3397
section 2907.04, 2907.06, or 2907.08 of the Revised Code, when the 3398
victim of the offense is under eighteen years of age;3399

       (ii) A violation of section 2907.21 of the Revised Code when3400
the person who is compelled, induced, procured, encouraged,3401
solicited, requested, or facilitated to engage in, paid or agreed3402
to be paid for, or allowed to engage in the sexual activity in3403
question is under eighteen years of age;3404

       (iii) A violation of division (A)(1) or (3) of section3405
2907.321 or 2907.322 of the Revised Code;3406

       (iv) A violation of division (A)(1) or (2) of section3407
2907.323 of the Revised Code;3408

       (v) A violation of division (B)(5) of section 2919.22 of the3409
Revised Code when the child who is involved in the offense is3410
under eighteen years of age;3411

       (vi) A violation of division (A)(1), (2), (3), or (5) of 3412
section 2905.01, of section 2903.211, 2905.02, 2905.03, or 3413
2905.05, or of former section 2905.04 of the Revised Code, when 3414
the victim of the offense is under eighteen years of age and the 3415
offense is committed with a sexual motivation.3416

       (c) Regardless of the age of the victim of the offense, a3417
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the3418
Revised Code, or of division (A) of section 2903.04 of the Revised3419
Code, that is committed with a sexual motivation;3420

       (d) A violent sex offense, or a designated homicide, assault, 3421
or kidnapping offense if the offender also was convicted of or 3422
pleaded guilty to a sexual motivation specification that was 3423
included in the indictment, count in the indictment, or 3424
information charging the designated homicide, assault, or 3425
kidnapping offense;3426

       (e) A violation of section 2907.06 or 2907.08 of the Revised 3427
Code when the victim of the offense is eighteen years of age or 3428
older, or a violation of section 2903.211 of the Revised Code when 3429
the victim of the offense is eighteen years of age or older and 3430
the offense is committed with a sexual motivation;3431

       (f) A violation of any former law of this state, any existing 3432
or former municipal ordinance or law of another state or the 3433
United States, any existing or former law applicable in a military 3434
court or in an Indian tribal court, or any existing or former law 3435
of any nation other than the United States, that is or was3436
substantially equivalent to any offense listed in division3437
(D)(1)(a), (b), (c), (d), or (e) of this section;3438

       (g) An attempt to commit, conspiracy to commit, or complicity 3439
in committing any offense listed in division (D)(1)(a), (b), (c), 3440
(d), (e), or (f) of this section.3441

       (2) An act committed by a person under eighteen years of age3442
that is any of the following:3443

       (a) Subject to division (D)(2)(i) of this section, regardless 3444
of the age of the victim of the violation, a violation of section 3445
2907.02, 2907.03, 2907.05, or 2907.07 of the Revised Code;3446

       (b) Subject to division (D)(2)(i) of this section, any of the 3447
following acts involving a minor in the circumstances specified:3448

       (i) A violation of division (A)(4) of section 2905.01 or 3449
section 2907.06 or 2907.08 of the Revised Code, when the victim 3450
of the violation is under eighteen years of age;3451

       (ii) A violation of section 2907.21 of the Revised Code when3452
the person who is compelled, induced, procured, encouraged,3453
solicited, requested, or facilitated to engage in, paid or agreed3454
to be paid for, or allowed to engage in the sexual activity in3455
question is under eighteen years of age;3456

       (iii) A violation of division (B)(5) of section 2919.22 of3457
the Revised Code when the child who is involved in the violation3458
is under eighteen years of age;3459

       (iv) A violation of division (A)(1), (2), (3), or (5) of 3460
section 2905.01, section 2903.211, or former section 2905.04 of 3461
the Revised Code, when the victim of the violation is under 3462
eighteen years of age and the offense is committed with a sexual 3463
motivation.3464

       (c) Subject to division (D)(2)(i) of this section, any of the 3465
following:3466

       (i) Any violent sex offense that, if committed by an adult,3467
would be a felony of the first, second, third, or fourth degree;3468

       (ii) Any designated homicide, assault, or kidnapping offense 3469
if that offense, if committed by an adult, would be a felony of 3470
the first, second, third, or fourth degree and if the court 3471
determined that, if the child was an adult, the child would be 3472
guilty of a sexual motivation specification regarding that 3473
offense.3474

       (d) Subject to division (D)(2)(i) of this section, a3475
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or3476
2905.02 of the Revised Code, a violation of division (A) of3477
section 2903.04 of the Revised Code, or an attempt to violate any3478
of those sections or that division that is committed with a sexual 3479
motivation;3480

       (e) Subject to division (D)(2)(i) of this section, a3481
violation of division (A)(1) or (3) of section 2907.321, division3482
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of3483
section 2907.323 of the Revised Code, or an attempt to violate any3484
of those divisions, if the person who violates or attempts to3485
violate the division is four or more years older than the minor3486
who is the victim of the violation;3487

       (f) Subject to division (D)(2)(i) of this section, a 3488
violation of section 2907.06 or 2907.08 of the Revised Code when 3489
the victim of the violation is eighteen years of age or older, or 3490
a violation of section 2903.211 of the Revised Code when the 3491
victim of the violation is eighteen years of age or older and the 3492
offense is committed with a sexual motivation;3493

       (g) Subject to division (D)(2)(i) of this section, any3494
violation of any former law of this state, any existing or former3495
municipal ordinance or law of another state or the United States, 3496
any existing or former law applicable in a military court or in an 3497
Indian tribal court, or any existing or former law of any nation 3498
other than the United States, that is or was substantially 3499
equivalent to any offense listed in division (D)(2)(a), (b), (c), 3500
(d), (e), or (f) of this section and that, if committed by an 3501
adult, would be a felony of the first, second, third, or fourth 3502
degree;3503

       (h) Subject to division (D)(2)(i) of this section, any3504
attempt to commit, conspiracy to commit, or complicity in3505
committing any offense listed in division (D)(2)(a), (b), (c),3506
(d), (e), (f), or (g) of this section;3507

       (i) If the child's case has been transferred for criminal3508
prosecution under section 2152.12 of the Revised Code, the act is3509
any violation listed in division (D)(1)(a), (b), (c), (d), (e), 3510
(f), or (g) of this section or would be any offense listed in any3511
of those divisions if committed by an adult.3512

       (E) "Sexual predator" means a person to whom either of the3513
following applies:3514

       (1) The person has been convicted of or pleaded guilty to3515
committing a sexually oriented offense that is not a 3516
registration-exempt sexually oriented offense and is likely to 3517
engage in the future in one or more sexually oriented offenses.3518

       (2) The person has been adjudicated a delinquent child for3519
committing a sexually oriented offense that is not a 3520
registration-exempt sexually oriented offense, was fourteen years 3521
of age or older at the time of committing the offense, was 3522
classified a juvenile offender registrant based on that 3523
adjudication, and is likely to engage in the future in one or more 3524
sexually oriented offenses.3525

       (F) "Supervised release" means a release of an offender from3526
a prison term, a term of imprisonment, or another type of3527
confinement that satisfies either of the following conditions:3528

       (1) The release is on parole, a conditional pardon, under a 3529
community control sanction, under transitional control, or under a 3530
post-release control sanction, and it requires the person to 3531
report to or be supervised by a parole officer, probation officer, 3532
field officer, or another type of supervising officer.3533

       (2) The release is any type of release that is not described3534
in division (F)(1) of this section and that requires the person to3535
report to or be supervised by a probation officer, a parole3536
officer, a field officer, or another type of supervising officer.3537

       (G) An offender or delinquent child is "adjudicated as being3538
a sexual predator" or "adjudicated a sexual predator" if any of3539
the following applies and if, regarding a delinquent child, that3540
status has not been removed pursuant to section 2152.84, 2152.85,3541
or 2950.09 of the Revised Code:3542

       (1) The offender is convicted of or pleads guilty to3543
committing, on or after January 1, 1997, a sexually oriented3544
offense that is not a registration-exempt sexually oriented 3545
offense, theand any of the following apply:3546

       (a) The sexually oriented offense is a violent sex offense or 3547
a designated homicide, assault, or kidnapping offense, and the 3548
offender is adjudicated a sexually violent predator in relation to 3549
that offense.3550

       (b) The sexually oriented offense is a violation of division 3551
(A)(1)(b) of section 2907.02 of the Revised Code committed on or 3552
after the effective date of this amendment, and either the 3553
offender is sentenced under section 2971.03 of the Revised Code or 3554
a sentence of life without parole is imposed under division (B) of 3555
section 2907.02 of the Revised Code.3556

       (c) The sexually oriented offense is attempted rape committed 3557
on or after the effective date of this amendment, and the offender 3558
also was convicted of or pleaded guilty to a specification of the 3559
type described in section 2941.1418, 2941.1419, or 2941.1420 of 3560
the Revised Code.3561

       (2) Regardless of when the sexually oriented offense was3562
committed, on or after January 1, 1997, the offender is sentenced3563
for a sexually oriented offense that is not a registration-exempt 3564
sexually oriented offense, and the sentencing judge determines 3565
pursuant to division (B) of section 2950.09 of the Revised Code 3566
that the offender is a sexual predator.3567

       (3) The delinquent child is adjudicated a delinquent child3568
for committing a sexually oriented offense that is not a 3569
registration-exempt sexually oriented offense, was fourteen years3570
of age or older at the time of committing the offense, and has 3571
been classified a juvenile offender registrant based on that3572
adjudication, and the adjudicating judge or that judge's successor3573
in office determines pursuant to division (B) of section 2950.093574
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of3575
the Revised Code that the delinquent child is a sexual predator.3576

       (4) Prior to January 1, 1997, the offender was convicted of3577
or pleaded guilty to, and was sentenced for, a sexually oriented3578
offense that is not a registration-exempt sexually oriented 3579
offense, the offender is imprisoned in a state correctional3580
institution on or after January 1, 1997, and the court determines3581
pursuant to division (C) of section 2950.09 of the Revised Code3582
that the offender is a sexual predator.3583

       (5) Regardless of when the sexually oriented offense was3584
committed, the offender or delinquent child is convicted of or3585
pleads guilty to, has been convicted of or pleaded guilty to, or3586
is adjudicated a delinquent child for committing a sexually3587
oriented offense that is not a registration-exempt sexually 3588
oriented offense in another state, in a federal court, military3589
court, or Indian tribal court, or in a court in any nation other 3590
than the United States, as a result of that conviction, plea of 3591
guilty, or adjudication, the offender or delinquent child is 3592
required, under the law of the jurisdiction in which the offender 3593
was convicted or pleaded guilty or the delinquent child was3594
adjudicated, to register as a sex offender until the offender's or3595
delinquent child's death, and, on or after July 1, 1997, for 3596
offenders or January 1, 2002, for delinquent children, the3597
offender or delinquent child moves to and resides in this state or3598
temporarily is domiciled in this state for more than five days or 3599
the offender is required under section 2950.04 of the Revised Code 3600
to register a school, institution of higher education, or place of 3601
employment address in this state, unless a court of common pleas3602
or juvenile court determines that the offender or delinquent child3603
is not a sexual predator pursuant to division (F) of section3604
2950.09 of the Revised Code.3605

       (H) "Sexually violent predator specification," "sexually3606
violent offense," "sexual motivation specification," "designated 3607
homicide, assault, or kidnapping offense," and "violent sex 3608
offense" have the same meanings as in section 2971.01 of the 3609
Revised Code.3610

       (I) "Post-release control sanction" and "transitional3611
control" have the same meanings as in section 2967.01 of the3612
Revised Code.3613

       (J) "Juvenile offender registrant" means a person who is3614
adjudicated a delinquent child for committing on or after January3615
1, 2002, a sexually oriented offense that is not a 3616
registration-exempt sexually oriented offense or a child-victim 3617
oriented offense, who is fourteen years of age or older at the3618
time of committing the offense, and who a juvenile court judge,3619
pursuant to an order issued under section 2152.82, 2152.83,3620
2152.84, or 2152.85 of the Revised Code, classifies a juvenile 3621
offender registrant and specifies has a duty to comply with 3622
sections 2950.04, 2950.05, and 2950.06 of the Revised Code if the 3623
child committed a sexually oriented offense or with sections 3624
2950.041, 2950.05, and 2950.06 of the Revised Code if the child 3625
committed a child-victim oriented offense. "Juvenile offender 3626
registrant" includes a person who, prior to July 31, 2003, was a 3627
"juvenile sex offender registrant" under the former definition of 3628
that former term.3629

       (K) "Secure facility" means any facility that is designed and 3630
operated to ensure that all of its entrances and exits are locked 3631
and under the exclusive control of its staff and to ensure that,3632
because of that exclusive control, no person who is3633
institutionalized or confined in the facility may leave the3634
facility without permission or supervision.3635

       (L) "Out-of-state juvenile offender registrant" means a3636
person who is adjudicated a delinquent child in a court in another 3637
state, in a federal court, military court, or Indian tribal court, 3638
or in a court in any nation other than the United States for 3639
committing a sexually oriented offense that is not a 3640
registration-exempt sexually oriented offense or a child-victim 3641
oriented offense, who on or after January 1, 2002, moves to and3642
resides in this state or temporarily is domiciled in this state3643
for more than five days, and who has a duty under section 2950.04 3644
of the Revised Code to register in this state and the duty to 3645
otherwise comply with that section and sections 2950.05 and 3646
2950.06 of the Revised Code if the child committed a sexually 3647
oriented offense or has a duty under section 2950.041 of the 3648
Revised Code to register in this state and the duty to otherwise 3649
comply with that section and sections 2950.05 and 2950.06 of the 3650
Revised Code if the child committed a child-victim oriented 3651
offense. "Out-of-state juvenile offender registrant" includes a 3652
person who, prior to July 31, 2003, was an "out-of-state juvenile 3653
sex offender registrant" under the former definition of that 3654
former term.3655

       (M) "Juvenile court judge" includes a magistrate to whom the3656
juvenile court judge confers duties pursuant to division (A)(15)3657
of section 2151.23 of the Revised Code.3658

       (N) "Adjudicated a delinquent child for committing a sexually3659
oriented offense" includes a child who receives a serious youthful3660
offender dispositional sentence under section 2152.13 of the3661
Revised Code for committing a sexually oriented offense.3662

       (O) "Aggravated sexually oriented offense" means a violation3663
of division (A)(1)(b) of section 2907.02 of the Revised Code 3664
committed on or after June 13, 2002, or a violation of division 3665
(A)(2) of that section committed on or after July 31, 2003.3666

       (P)(1) "Presumptive registration-exempt sexually oriented 3667
offense" means any of the following sexually oriented offenses 3668
described in division (P)(1)(a), (b), (c), (d), or (e) of this 3669
section, when the offense is committed by a person who previously 3670
has not been convicted of, pleaded guilty to, or adjudicated a 3671
delinquent child for committing any sexually oriented offense 3672
described in division (P)(1)(a), (b), (c), (d), or (e) of this 3673
section, any other sexually oriented offense, or any child-victim 3674
oriented offense and when the victim or intended victim of the 3675
offense is eighteen years of age or older:3676

       (a) Any sexually oriented offense listed in division 3677
(D)(1)(e) or (D)(2)(f) of this section committed by a person who 3678
is eighteen years of age or older or, subject to division 3679
(P)(1)(e) of this section, committed by a person who is under 3680
eighteen years of age;3681

       (b) Any violation of any former law of this state, any 3682
existing or former municipal ordinance or law of another state or 3683
the United States, any existing or former law applicable in a 3684
military court or in an Indian tribal court, or any existing or 3685
former law of any nation other than the United States that is 3686
committed by a person who is eighteen years of age or older and 3687
that is or was substantially equivalent to any sexually oriented 3688
offense listed in division (P)(1)(a) of this section;3689

       (c) Subject to division (P)(1)(e) of this section, any 3690
violation of any former law of this state, any existing or former 3691
municipal ordinance or law of another state or the United States, 3692
any existing or former law applicable in a military court or in an 3693
Indian tribal court, or any existing or former law of any nation 3694
other than the United States that is committed by a person who is 3695
under eighteen years of age, that is or was substantially 3696
equivalent to any sexually oriented offense listed in division 3697
(P)(1)(a) of this section, and that would be a felony of the 3698
fourth degree if committed by an adult;3699

       (d) Any attempt to commit, conspiracy to commit, or 3700
complicity in committing any offense listed in division (P)(1)(a) 3701
or (b) of this section if the person is eighteen years of age or 3702
older or, subject to division (P)(1)(e) of this section, listed in 3703
division (P)(1)(a) or (c) of this section if the person is under 3704
eighteen years of age.3705

       (e) Regarding an act committed by a person under eighteen 3706
years of age, if the child's case has been transferred for 3707
criminal prosecution under section 2152.12 of the Revised Code, 3708
the act is any sexually oriented offense listed in division 3709
(P)(1)(a), (b), or (d) of this section.3710

       (2) "Presumptive registration-exempt sexually oriented 3711
offense" does not include any sexually oriented offense described 3712
in division (P)(1)(a), (b), (c), (d), or (e) of this section that 3713
is committed by a person who previously has been convicted of, 3714
pleaded guilty to, or adjudicated a delinquent child for 3715
committing any sexually oriented offense described in division 3716
(P)(1)(a), (b), (c), (d), or (e) of this section or any other 3717
sexually oriented offense.3718

       (Q)(1) "Registration-exempt sexually oriented offense" means 3719
any presumptive registration-exempt sexually oriented offense, if 3720
a court does not issue an order under section 2950.021 of the 3721
Revised Code that removes the presumptive exemption and subjects 3722
the offender who was convicted of or pleaded guilty to the offense 3723
to registration under section 2950.04 of the Revised Code and all 3724
other duties and responsibilities generally imposed under this 3725
chapter upon persons who are convicted of or plead guilty to any 3726
sexually oriented offense other than a presumptive 3727
registration-exempt sexually oriented offense or that removes the 3728
presumptive exemption and potentially subjects the child who was 3729
adjudicated a delinquent child for committing the offense to 3730
classification as a juvenile offender registrant under section 3731
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to 3732
registration under section 2950.04 of the Revised Code and all 3733
other duties and responsibilities generally imposed under this 3734
chapter upon persons who are adjudicated delinquent children for 3735
committing a sexually oriented offense other than a presumptive 3736
registration-exempt sexually oriented offense.3737

        (2) "Registration-exempt sexually oriented offense" does not 3738
include a presumptive registration-exempt sexually oriented 3739
offense if a court issues an order under section 2950.021 of the 3740
Revised Code that removes the presumptive exemption and subjects 3741
the offender or potentially subjects the delinquent child to the 3742
duties and responsibilities described in division (Q)(1) of this 3743
section.3744

       (R) "School" and "school premises" have the same meanings as 3745
in section 2925.01 of the Revised Code.3746

       (S)(1) "Child-victim oriented offense" means any of the 3747
following:3748

       (a) Subject to division (S)(2) of this section, any of the 3749
following violations or offenses committed by a person eighteen 3750
years of age or older, when the victim of the violation is under 3751
eighteen years of age and is not a child of the person who commits 3752
the violation:3753

       (i) A violation of division (A)(1), (2), (3), or (5) of 3754
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of 3755
former section 2905.04 of the Revised Code;3756

       (ii) A violation of any former law of this state, any 3757
existing or former municipal ordinance or law of another state or 3758
the United States, any existing or former law applicable in a 3759
military court or in an Indian tribal court, or any existing or 3760
former law of any nation other than the United States, that is or 3761
was substantially equivalent to any offense listed in division 3762
(S)(1)(a)(i) of this section;3763

       (iii) An attempt to commit, conspiracy to commit, or 3764
complicity in committing any offense listed in division 3765
(S)(1)(a)(i) or (ii) of this section.3766

       (b) Subject to division (S)(2) of this section, an act 3767
committed by a person under eighteen years of age that is any of 3768
the following, when the victim of the violation is under eighteen 3769
years of age and is not a child of the person who commits the 3770
violation:3771

       (i) Subject to division (S)(1)(b)(iv) of this section, a 3772
violation of division (A)(1), (2), (3), or (5) of section 2905.01 3773
or of former section 2905.04 of the Revised Code;3774

       (ii) Subject to division (S)(1)(b)(iv) of this section, any 3775
violation of any former law of this state, any existing or former 3776
municipal ordinance or law of another state or the United States, 3777
any existing or former law applicable in a military court or in an 3778
Indian tribal court, or any existing or former law of any nation 3779
other than the United States, that is or was substantially 3780
equivalent to any offense listed in division (S)(1)(b)(i) of this 3781
section and that, if committed by an adult, would be a felony of 3782
the first, second, third, or fourth degree;3783

       (iii) Subject to division (S)(1)(b)(iv) of this section, any 3784
attempt to commit, conspiracy to commit, or complicity in 3785
committing any offense listed in division (S)(1)(b)(i) or (ii) of 3786
this section;3787

       (iv) If the child's case has been transferred for criminal 3788
prosecution under section 2152.12 of the Revised Code, the act is 3789
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of 3790
this section or would be any offense listed in any of those 3791
divisions if committed by an adult.3792

       (2) "Child-victim oriented offense" does not include any 3793
offense identified in division (S)(1)(a) or (b) of this section 3794
that is a sexually violent offense. An offense identified in 3795
division (S)(1)(a) or (b) of this section that is a sexually 3796
violent offense is within the definition of a sexually oriented 3797
offense.3798

       (T)(1) "Habitual child-victim offender" means, except when a 3799
juvenile judge removes this classification pursuant to division 3800
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of 3801
the Revised Code, a person to whom both of the following apply:3802

       (a) The person is convicted of or pleads guilty to a 3803
child-victim oriented offense, or the person is adjudicated a 3804
delinquent child for committing on or after January 1, 2002, a 3805
child-victim oriented offense, was fourteen years of age or older 3806
at the time of committing the offense, and is classified a 3807
juvenile offender registrant based on that adjudication.3808

       (b) One of the following applies to the person:3809

       (i) Regarding a person who is an offender, the person 3810
previously was convicted of or pleaded guilty to one or more 3811
child-victim oriented offenses or previously was adjudicated a 3812
delinquent child for committing one or more child-victim oriented 3813
offenses and was classified a juvenile offender registrant or 3814
out-of-state juvenile offender registrant based on one or more of 3815
those adjudications, regardless of when the offense was committed 3816
and regardless of the person's age at the time of committing the 3817
offense.3818

       (ii) Regarding a delinquent child, the person previously was 3819
convicted of, pleaded guilty to, or was adjudicated a delinquent 3820
child for committing one or more child-victim oriented offenses, 3821
regardless of when the offense was committed and regardless of the 3822
person's age at the time of committing the offense.3823

       (2) "Habitual child-victim offender" includes a person who 3824
has been convicted of, pleaded guilty to, or adjudicated a 3825
delinquent child for committing, a child-victim oriented offense 3826
and who, on and after July 31, 2003, is automatically classified a 3827
habitual child-victim offender pursuant to division (E) of section 3828
2950.091 of the Revised Code.3829

       (U) "Child-victim predator" means a person to whom either of 3830
the following applies:3831

       (1) The person has been convicted of or pleaded guilty to 3832
committing a child-victim oriented offense and is likely to engage 3833
in the future in one or more child-victim oriented offenses.3834

       (2) The person has been adjudicated a delinquent child for 3835
committing a child-victim oriented offense, was fourteen years of 3836
age or older at the time of committing the offense, was classified 3837
a juvenile offender registrant based on that adjudication, and is 3838
likely to engage in the future in one or more child-victim 3839
oriented offenses.3840

       (V) An offender or delinquent child is "adjudicated as being 3841
a child-victim predator" or "adjudicated a child-victim predator" 3842
if any of the following applies and if, regarding a delinquent 3843
child, that status has not been removed pursuant to section 3844
2152.84, 2152.85, or 2950.09 of the Revised Code:3845

       (1) The offender or delinquent child has been convicted of, 3846
pleaded guilty to, or adjudicated a delinquent child for 3847
committing, a child-victim oriented offense and, on and after July 3848
31, 2003, is automatically classified a child-victim predator 3849
pursuant to division (A) of section 2950.091 of the Revised Code.3850

       (2) Regardless of when the child-victim oriented offense was 3851
committed, on or after July 31, 2003, the offender is sentenced 3852
for a child-victim oriented offense, and the sentencing judge 3853
determines pursuant to division (B) of section 2950.091 of the 3854
Revised Code that the offender is a child-victim predator.3855

       (3) The delinquent child is adjudicated a delinquent child 3856
for committing a child-victim oriented offense, was fourteen years 3857
of age or older at the time of committing the offense, and has 3858
been classified a juvenile offender registrant based on that 3859
adjudication, and the adjudicating judge or that judge's successor 3860
in office determines pursuant to division (B) of section 2950.09 3861
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of 3862
the Revised Code that the delinquent child is a child-victim 3863
predator.3864

       (4) Prior to July 31, 2003, the offender was convicted of or 3865
pleaded guilty to a child-victim oriented offense, at the time of 3866
the conviction or guilty plea, the offense was considered a 3867
sexually oriented offense, on or after July 31, 2003, the offender 3868
is serving a term of imprisonment in a state correctional 3869
institution, and the court determines pursuant to division (C) of 3870
section 2950.091 of the Revised Code that the offender is a 3871
child-victim predator.3872

       (5) Regardless of when the child-victim oriented offense was 3873
committed, the offender or delinquent child is convicted, pleads 3874
guilty, has been convicted, pleaded guilty, or adjudicated a 3875
delinquent child in a court in another state, in a federal court, 3876
military court, or Indian tribal court, or in a court in any 3877
nation other than the United States for committing a child-victim 3878
oriented offense, as a result of that conviction, plea of guilty, 3879
or adjudication, the offender or delinquent child is required 3880
under the law of the jurisdiction in which the offender was 3881
convicted or pleaded guilty or the delinquent child was 3882
adjudicated, to register as a child-victim offender or sex 3883
offender until the offender's or delinquent child's death, and, on 3884
or after July 1, 1997, for offenders or January 1, 2002, for 3885
delinquent children the offender or delinquent child moves to and 3886
resides in this state or temporarily is domiciled in this state 3887
for more than five days or the offender is required under section 3888
2950.041 of the Revised Code to register a school, institution of 3889
higher education, or place of employment address in this state, 3890
unless a court of common pleas or juvenile court determines that 3891
the offender or delinquent child is not a child-victim predator 3892
pursuant to division (F) of section 2950.091 of the Revised Code.3893

       (W) "Residential premises" means the building in which a 3894
residential unit is located and the grounds upon which that 3895
building stands, extending to the perimeter of the property. 3896
"Residential premises" includes any type of structure in which a 3897
residential unit is located, including, but not limited to, 3898
multi-unit buildings and mobile and manufactured homes.3899

       (X) "Residential unit" means a dwelling unit for residential 3900
use and occupancy, and includes the structure or part of a 3901
structure that is used as a home, residence, or sleeping place by 3902
one person who maintains a household or two or more persons who 3903
maintain a common household. "Residential unit" does not include a 3904
halfway house or a community-based correctional facility.3905

       (Y) "Multi-unit building" means a building in which is 3906
located more than twelve residential units that have entry doors 3907
that open directly into the unit from a hallway that is shared 3908
with one or more other units. A residential unit is not considered 3909
located in a multi-unit building if the unit does not have an 3910
entry door that opens directly into the unit from a hallway that 3911
is shared with one or more other units or if the unit is in a 3912
building that is not a multi-unit building as described in this 3913
division.3914

       (Z) "Community control sanction" has the same meaning as in3915
section 2929.01 of the Revised Code.3916

       (AA) "Halfway house" and "community-based correctional 3917
facility" have the same meanings as in section 2929.01 of the 3918
Revised Code.3919

       (BB) "Adjudicated a sexually violent predator" has the same 3920
meaning as in section 2929.01 of the Revised Code, and a person is 3921
"adjudicated a sexually violent predator" in the same manner and 3922
the same circumstances as are described in that section.3923

       Sec. 2950.09. (A) If a person is convicted of or pleads3924
guilty to committing, on or after January 1, 1997, a sexually3925
oriented offense that is not a registration-exempt sexually 3926
oriented offense, and if the sexually oriented offense is a 3927
violent sex offense or a designated homicide, assault, or 3928
kidnapping offense and the offender is adjudicated a sexually 3929
violent predator in relation to that offense, the conviction of or 3930
plea of guilty to the offense and the adjudication as a sexually 3931
violent predator automatically classifies the offender as a sexual 3932
predator for purposes of this chapter. If a person is convicted of 3933
or pleads guilty to committing on or after the effective date of 3934
this amendment a sexually oriented offense that is a violation of 3935
division (A)(1)(b) of section 2907.02 of the Revised Code and if 3936
either the person is sentenced under section 2971.03 of the 3937
Revised Code, or the court imposes upon the offender a sentence of 3938
life without parole under division (B) of section 2907.02 of the 3939
Revised Code, the conviction of or plea of guilty to the offense 3940
automatically classifies the offender as a sexual predator for 3941
purposes of this chapter. If a person is convicted of or pleads 3942
guilty to committing on or after the effective date of this 3943
amendment attempted rape and also is convicted of or pleads guilty 3944
to a specification of the type described in section 2941.1418, 3945
2941.1419, or 2941.1420 of the Revised Code, the conviction of or 3946
plea of guilty to the offense and the specification automatically 3947
classify the offender as a sexual predator for purposes of this 3948
chapter. If a person is convicted, pleads guilty, or is3949
adjudicated a delinquent child, in a court in another state, in a 3950
federal court, military court, or Indian tribal court, or in a 3951
court of any nation other than the United States for committing a 3952
sexually oriented offense that is not a registration-exempt 3953
sexually oriented offense, and if, as a result of that conviction,3954
plea of guilty, or adjudication, the person is required, under the3955
law of the jurisdiction in which the person was convicted, pleaded3956
guilty, or was adjudicated, to register as a sex offender until3957
the person's death, that conviction, plea of guilty, or 3958
adjudication automatically classifies the person as a sexual 3959
predator for the purposes of this chapter, but the person may3960
challenge that classification pursuant to division (F) of this3961
section. In all other cases, a person who is convicted of or3962
pleads guilty to, has been convicted of or pleaded guilty to, or3963
is adjudicated a delinquent child for committing, a sexually3964
oriented offense may be classified as a sexual predator for3965
purposes of this chapter only in accordance with division (B) or3966
(C) of this section or, regarding delinquent children, divisions3967
(B) and (C) of section 2152.83 of the Revised Code.3968

       (B)(1)(a) The judge who is to impose sentence on a person who3969
is convicted of or pleads guilty to a sexually oriented offense 3970
that is not a registration-exempt sexually oriented offense shall3971
conduct a hearing to determine whether the offender is a sexual3972
predator if any of the following circumstances apply:3973

       (i) Regardless of when the sexually oriented offense was3974
committed, the offender is to be sentenced on or after January 1,3975
1997, for a sexually oriented offense that is not a 3976
registration-exempt sexually oriented offense and that is not a3977
sexually violent offense.3978

       (ii) Regardless of when the sexually oriented offense was3979
committed, the offender is to be sentenced on or after January 1,3980
1997, for a sexually oriented offense that is not a 3981
registration-exempt sexually oriented offense, and that is not a 3982
violation of division (A)(1)(b) of section 2907.02 of the Revised 3983
Code committed on or after the effective date of this amendment 3984
for which sentence is imposed under section 2971.03 of the Revised 3985
Code or for which a sentence of life without parole is imposed 3986
under division (B) of section 2907.02 of the Revised Code, and 3987
that is not attempted rape committed on or after the effective 3988
date of this amendment when the offender also is convicted of or 3989
pleads guilty to a specification of the type described in section 3990
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, and either 3991
of the following applies: the sexually oriented offense is a 3992
violent sex offense other than a violation of division (A)(1)(b) 3993
of section 2907.02 of the Revised Code committed on or after the 3994
effective date of this amendment and other than attempted rape 3995
committed on or after that date when the offender also is 3996
convicted of or pleads guilty to a specification of the type 3997
described in section 2941.1418, 2941.1419, or 2941.1420 of the 3998
Revised Code, and a sexually violent predator specification was 3999
not included in the indictment, count in the indictment, or4000
information charging the violent sex offense; or the sexually 4001
oriented offense is a designated homicide, assault, or kidnapping 4002
offense and either a sexual motivation specification or a sexually 4003
violent predator specification, or both such specifications, were 4004
not included in the indictment, count in the indictment, or 4005
information charging the designated homicide, assault, or 4006
kidnapping offense.4007

       (iii) Regardless of when the sexually oriented offense was4008
committed, the offender is to be sentenced on or after May 7,4009
2002, for a sexually oriented offense that is not a 4010
registration-exempt sexually oriented offense, and that offender 4011
was acquitted of a sexually violent predator specification that 4012
was included in the indictment, count in the indictment, or4013
information charging the sexually oriented offense.4014

       (b) The judge who is to impose or has imposed an order of4015
disposition upon a child who is adjudicated a delinquent child for4016
committing on or after January 1, 2002, a sexually oriented4017
offense that is not a registration-exempt sexually oriented 4018
offense shall conduct a hearing as provided in this division to4019
determine whether the child is to be classified as a sexual4020
predator if either of the following applies:4021

       (i) The judge is required by section 2152.82 or division (A) 4022
of section 2152.83 of the Revised Code to classify the child a4023
juvenile offender registrant.4024

       (ii) Division (B) of section 2152.83 of the Revised Code4025
applies regarding the child, the judge conducts a hearing under4026
that division for the purposes described in that division, and the4027
judge determines at that hearing that the child will be classified4028
a juvenile offender registrant.4029

       (2) Regarding an offender, the judge shall conduct the4030
hearing required by division (B)(1)(a) of this section prior to4031
sentencing and, if the sexually oriented offense for which 4032
sentence is to be imposed is a felony and if the hearing is being4033
conducted under division (B)(1)(a) of this section, the judge may 4034
conduct it as part of the sentencing hearing required by section 4035
2929.19 of the Revised Code. Regarding a delinquent child, the 4036
judge may conduct the hearing required by division (B)(1)(b) of 4037
this section at the same time as, or separate from, the 4038
dispositional hearing, as specified in the applicable provision of 4039
section 2152.82 or 2152.83 of the Revised Code. The court shall 4040
give the offender or delinquent child and the prosecutor who 4041
prosecuted the offender or handled the case against the delinquent 4042
child for the sexually oriented offense notice of the date, time, 4043
and location of the hearing. At the hearing, the offender or 4044
delinquent child and the prosecutor shall have an opportunity to 4045
testify, present evidence, call and examine witnesses and expert 4046
witnesses, and cross-examine witnesses and expert witnesses 4047
regarding the determination as to whether the offender or 4048
delinquent child is a sexual predator. The offender or delinquent 4049
child shall have the right to be represented by counsel and, if 4050
indigent, the right to have counsel appointed to represent the 4051
offender or delinquent child.4052

       (3) In making a determination under divisions (B)(1) and (4)4053
of this section as to whether an offender or delinquent child is a4054
sexual predator, the judge shall consider all relevant factors,4055
including, but not limited to, all of the following:4056

       (a) The offender's or delinquent child's age;4057

       (b) The offender's or delinquent child's prior criminal or4058
delinquency record regarding all offenses, including, but not4059
limited to, all sexual offenses;4060

       (c) The age of the victim of the sexually oriented offense4061
for which sentence is to be imposed or the order of disposition is4062
to be made;4063

       (d) Whether the sexually oriented offense for which sentence4064
is to be imposed or the order of disposition is to be made4065
involved multiple victims;4066

       (e) Whether the offender or delinquent child used drugs or4067
alcohol to impair the victim of the sexually oriented offense or4068
to prevent the victim from resisting;4069

       (f) If the offender or delinquent child previously has been4070
convicted of or pleaded guilty to, or been adjudicated a4071
delinquent child for committing an act that if committed by an4072
adult would be, a criminal offense, whether the offender or4073
delinquent child completed any sentence or dispositional order4074
imposed for the prior offense or act and, if the prior offense or4075
act was a sex offense or a sexually oriented offense, whether the4076
offender or delinquent child participated in available programs4077
for sexual offenders;4078

       (g) Any mental illness or mental disability of the offender4079
or delinquent child;4080

       (h) The nature of the offender's or delinquent child's sexual 4081
conduct, sexual contact, or interaction in a sexual context with 4082
the victim of the sexually oriented offense and whether the sexual 4083
conduct, sexual contact, or interaction in a sexual context was 4084
part of a demonstrated pattern of abuse;4085

       (i) Whether the offender or delinquent child, during the4086
commission of the sexually oriented offense for which sentence is4087
to be imposed or the order of disposition is to be made, displayed4088
cruelty or made one or more threats of cruelty;4089

       (j) Any additional behavioral characteristics that contribute 4090
to the offender's or delinquent child's conduct.4091

       (4) After reviewing all testimony and evidence presented at4092
the hearing conducted under division (B)(1) of this section and4093
the factors specified in division (B)(3) of this section, the 4094
court shall determine by clear and convincing evidence whether the4095
subject offender or delinquent child is a sexual predator. If the 4096
court determines that the subject offender or delinquent child is4097
not a sexual predator, the court shall specify in the offender's4098
sentence and the judgment of conviction that contains the sentence4099
or in the delinquent child's dispositional order, as appropriate,4100
that the court has determined that the offender or delinquent4101
child is not a sexual predator and the reason or reasons why the 4102
court determined that the subject offender or delinquent child is 4103
not a sexual predator. If the court determines by clear and 4104
convincing evidence that the subject offender or delinquent child 4105
is a sexual predator, the court shall specify in the offender's 4106
sentence and the judgment of conviction that contains the sentence4107
or in the delinquent child's dispositional order, as appropriate, 4108
that the court has determined that the offender or delinquent4109
child is a sexual predator and shall specify that the4110
determination was pursuant to division (B) of this section. In any4111
case in which the sexually oriented offense in question is an4112
aggravated sexually oriented offense, the court shall specify in 4113
the offender's sentence and the judgment of conviction that 4114
contains the sentence that the offender's offense is an aggravated 4115
sexually oriented offense. The offender or delinquent child and 4116
the prosecutor who prosecuted the offender or handled the case 4117
against the delinquent child for the sexually oriented offense in 4118
question may appeal as a matter of right the court's determination 4119
under this division as to whether the offender or delinquent child 4120
is, or is not, a sexual predator.4121

       (5) A hearing shall not be conducted under division (B) of4122
this section regarding an offender if theany of the following 4123
applies:4124

       (a) The sexually oriented offense in question is a sexually 4125
violent offense, if the indictment, count in the indictment, or4126
information charging the offense also included a sexually violent 4127
predator specification, and if the offender is convicted of or 4128
pleads guilty to that sexually violent predator specification.4129

       (b) The sexually oriented offense in question is a violation 4130
of division (A)(1)(b) of section 2907.02 of the Revised Code 4131
committed on or after the effective date of this amendment, and 4132
either the offender is sentenced under section 2971.03 of the 4133
Revised Code, or a sentence of life without parole is imposed 4134
under division (B) of section 2907.02 of the Revised Code.4135

       (c) The sexually oriented offense in question is attempted 4136
rape committed on or after the effective date of this amendment, 4137
and the offender also was convicted of or pleaded guilty to a 4138
specification of the type described in section 2941.1418, 4139
2941.1419, or 2941.1420 of the Revised Code.4140

       (C)(1) If a person was convicted of or pleaded guilty to a4141
sexually oriented offense that is not a registration-exempt 4142
sexually oriented offense prior to January 1, 1997, if the person4143
was not sentenced for the offense on or after January 1, 1997, and4144
if, on or after January 1, 1997, the offender is serving a term of4145
imprisonment in a state correctional institution, the department4146
of rehabilitation and correction shall do whichever of the 4147
following is applicable:4148

       (a) If the sexually oriented offense was an offense described 4149
in division (D)(1)(c) of section 2950.01 of the Revised Code or 4150
was a violent sex offense, the department shall notify the court 4151
that sentenced the offender of this fact, and the court shall 4152
conduct a hearing to determine whether the offender is a sexual 4153
predator.4154

       (b) If division (C)(1)(a) of this section does not apply, the 4155
department shall determine whether to recommend that the offender 4156
be adjudicated a sexual predator. In making a determination under 4157
this division as to whether to recommend that the offender be 4158
adjudicated a sexual predator, the department shall consider all 4159
relevant factors, including, but not limited to, all of the 4160
factors specified in divisions (B)(2) and (3) of this section. If 4161
the department determines that it will recommend that the offender 4162
be adjudicated a sexual predator, it immediately shall send the4163
recommendation to the court that sentenced the offender. If the 4164
department determines that it will not recommend that the offender 4165
be adjudicated a sexual predator, it immediately shall send its 4166
determination to the court that sentenced the offender. In all 4167
cases, the department shall enter its determination and 4168
recommendation in the offender's institutional record, and the 4169
court shall proceed in accordance with division (C)(2) of this 4170
section.4171

       (2)(a) If the department of rehabilitation and correction 4172
sends to a court a notice under division (C)(1)(a) of this 4173
section, the court shall conduct a hearing to determine whether 4174
the subject offender is a sexual predator. If, pursuant to 4175
division (C)(1)(b) of this section, the department sends to a 4176
court a recommendation that an offender be adjudicated a sexual 4177
predator, the court is not bound by the department's 4178
recommendation, and the court shall conduct a hearing to determine 4179
whether the offender is a sexual predator. In any case, the court 4180
shall not make a determination as to whether the offender is, or 4181
is not, a sexual predator without a hearing. The court may hold 4182
the hearing and make the determination prior to the offender's 4183
release from imprisonment or at any time within one year following 4184
the offender's release from that imprisonment. 4185

       (b) If, pursuant to division (C)(1)(b) of this section, the 4186
department sends to the court a determination that it is not 4187
recommending that an offender be adjudicated a sexual predator, 4188
the court shall not make any determination as to whether the 4189
offender is, or is not, a sexual predator but shall determine 4190
whether the offender previously has been convicted of or pleaded 4191
guilty to a sexually oriented offense other than the offense in 4192
relation to which the department made its determination or 4193
previously has been convicted of or pleaded guilty to a 4194
child-victim oriented offense.4195

       The court may conduct a hearing to determine whether the4196
offender previously has been convicted of or pleaded guilty to a4197
sexually oriented offense or a child-victim oriented offense but 4198
may make the determination without a hearing. However, if the 4199
court determines that the offender previously has been convicted 4200
of or pleaded guilty to such an offense, it shall not impose a4201
requirement that the offender be subject to the community4202
notification provisions contained in sections 2950.10 and 2950.11 4203
of the Revised Code without a hearing. In determining whether to 4204
impose the community notification requirement, the court, in the 4205
circumstances described in division (E)(2) of this section, shall 4206
apply the presumption specified in that division. The court shall 4207
include in the offender's institutional record any determination 4208
made under this division as to whether the offender previously has 4209
been convicted of or pleaded guilty to a sexually oriented offense 4210
or child-victim oriented offense, and, as such, whether the 4211
offender is a habitual sex offender.4212

        (c) Upon scheduling a hearing under division (C)(2)(a) or (b) 4213
of this section, the court shall give the offender and the 4214
prosecutor who prosecuted the offender for the sexually oriented 4215
offense, or that prosecutor's successor in office, notice of the 4216
date, time, and place of the hearing. If the hearing is scheduled 4217
under division (C)(2)(a) of this section to determine whether the 4218
offender is a sexual predator, the prosecutor who is given the 4219
notice may contact the department of rehabilitation and correction 4220
and request that the department provide to the prosecutor all 4221
information the department possesses regarding the offender that 4222
is relevant and necessary for use in making the determination as 4223
to whether the offender is a sexual predator and that is not 4224
privileged or confidential under law. If the prosecutor makes a 4225
request for that information, the department promptly shall 4226
provide to the prosecutor all information the department possesses 4227
regarding the offender that is not privileged or confidential 4228
under law and that is relevant and necessary for making that 4229
determination. A hearing scheduled under division (C)(2)(a) of 4230
this section to determine whether the offender is a sexual 4231
predator shall be conducted in the manner described in division 4232
(B)(1) of this section regarding hearings conducted under that 4233
division and, in making a determination under this division as to 4234
whether the offender is a sexual predator, the court shall 4235
consider all relevant factors, including, but not limited to, all 4236
of the factors specified in divisions (B)(2) and (3) of this 4237
section. After reviewing all testimony and evidence presented at 4238
the sexual predator hearing and the factors specified in divisions 4239
(B)(2) and (3) of this section, the court shall determine by clear 4240
and convincing evidence whether the offender is a sexual predator. 4241
If the court determines at the sexual predator hearing that the 4242
offender is not a sexual predator, it also shall determine whether 4243
the offender previously has been convicted of or pleaded guilty to 4244
a sexually oriented offense other than the offense in relation to 4245
which the hearing is being conducted.4246

       Upon making its determinations at the sexual predator 4247
hearing, the court shall proceed as follows:4248

       (i) If the court determines that the offender is not a sexual 4249
predator and that the offender previously has not been convicted 4250
of or pleaded guilty to a sexually oriented offense other than the 4251
offense in relation to which the hearing is being conducted and 4252
previously has not been convicted of or pleaded guilty to a 4253
child-victim oriented offense, it shall include in the offender's4254
institutional record its determinations and the reason or reasons 4255
why it determined that the offender is not a sexual predator.4256

       (ii) If the court determines that the offender is not a 4257
sexual predator but that the offender previously has been4258
convicted of or pleaded guilty to a sexually oriented offense4259
other than the offense in relation to which the hearing is being4260
conducted or previously has been convicted of or pleaded guilty to 4261
a child-victim oriented offense, it shall include in the4262
offender's institutional record its determination that the 4263
offender is not a sexual predator but is a habitual sex offender 4264
and the reason or reasons why it determined that the offender is 4265
not a sexual predator, shall attach the determinations and the 4266
reason or reasons to the offender's sentence, shall specify that 4267
the determinations were pursuant to division (C) of this section, 4268
shall provide a copy of the determinations and the reason or 4269
reasons to the offender, to the prosecuting attorney, and to the 4270
department of rehabilitation and correction, and may impose a 4271
requirement that the offender be subject to the community 4272
notification provisions contained in sections 2950.10 and 2950.11 4273
of the Revised Code. In determining whether to impose the 4274
community notification requirements, the court, in the 4275
circumstances described in division (E)(2) of this section, shall 4276
apply the presumption specified in that division. The offender 4277
shall not be subject to those community notification provisions 4278
relative to the sexually oriented offense in question if the court 4279
does not so impose the requirement described in this division. If 4280
the court imposes that requirement, the offender may appeal the 4281
judge's determination that the offender is a habitual sex4282
offender.4283

       (iii) If the court determines by clear and convincing 4284
evidence that the offender is a sexual predator, it shall enter 4285
its determination in the offender's institutional record, shall 4286
attach the determination to the offender's sentence, shall specify 4287
that the determination was pursuant to division (C) of this 4288
section, and shall provide a copy of the determination to the 4289
offender, to the prosecuting attorney, and to the department of 4290
rehabilitation and correction. The offender and the prosecutor may 4291
appeal as a matter of right the judge's determination under 4292
divisions (C)(2)(a) and (c) of this section as to whether the 4293
offender is, or is not, a sexual predator.4294

       If the hearing is scheduled under division (C)(2)(b) of this 4295
section to determine whether the offender previously has been 4296
convicted of or pleaded guilty to a sexually oriented offense or a 4297
child-victim oriented offense or whether to subject the offender 4298
to the community notification provisions contained in sections 4299
2950.10 and 2950.11 of the Revised Code, upon making the 4300
determination, the court shall attach the determination or 4301
determinations to the offender's sentence, shall provide a copy to 4302
the offender, to the prosecuting attorney, and to the department 4303
of rehabilitation and correction and may impose a requirement that 4304
the offender be subject to the community notification provisions. 4305
In determining whether to impose the community notification 4306
requirements, the court, in the circumstances described in 4307
division (E)(2) of this section, shall apply the presumption 4308
specified in that division. The offender shall not be subject to 4309
the community notification provisions relative to the sexually 4310
oriented offense in question if the court does not so impose the 4311
requirement described in this division. If the court imposes that 4312
requirement, the offender may appeal the judge's determination 4313
that the offender is a habitual sex offender.4314

       (3) The changes made in divisions (C)(1) and (2) of this 4315
section that take effect on July 31, 2003, do not require a court 4316
to conduct a new hearing under those divisions for any offender 4317
regarding a sexually oriented offense if, prior to July 31, 2003, 4318
the court previously conducted a hearing under those divisions 4319
regarding that offense to determine whether the offender was a 4320
sexual predator. The changes made in divisions (C)(1) and (2) of 4321
this section that take effect on July 31, 2003, do not require a 4322
court to conduct a hearing under those divisions for any offender 4323
regarding a sexually oriented offense if, prior to July 31, 2003, 4324
and pursuant to those divisions, the department of rehabilitation 4325
and correction recommended that the offender be adjudicated a 4326
sexual predator regarding that offense, and the court denied the 4327
recommendation and determined that the offender was not a sexual 4328
predator without a hearing, provided that this provision does not 4329
apply if the sexually oriented offense in question was an offense 4330
described in division (D)(1)(c) of section 2950.01 of the Revised 4331
Code.4332

       (D)(1) Division (D)(1) of this section does not apply to any 4333
person who has been convicted of or pleaded guilty to a sexually4334
oriented offense. Division (D) of this section applies only to 4335
delinquent children as provided in Chapter 2152. of the Revised 4336
Code. A person who has been adjudicated a delinquent child for 4337
committing a sexually oriented offense that is not a 4338
registration-exempt sexually oriented offense and who has been4339
classified by a juvenile court judge a juvenile offender4340
registrant or, if applicable, additionally has been determined by4341
a juvenile court judge to be a sexual predator or habitual sex4342
offender, may petition the adjudicating court for a4343
reclassification or declassification pursuant to section 2152.854344
of the Revised Code.4345

        A judge who is reviewing a sexual predator determination for 4346
a delinquent child under section 2152.84 or 2152.85 of the Revised 4347
Code shall comply with this section. At the hearing, the judge 4348
shall consider all relevant evidence and information, including, 4349
but not limited to, the factors set forth in division (B)(3) of 4350
this section. The judge shall not enter a determination that the 4351
delinquent child no longer is a sexual predator unless the judge4352
determines by clear and convincing evidence that the delinquent 4353
child is unlikely to commit a sexually oriented offense in the4354
future. If the judge enters a determination under this division4355
that the delinquent child no longer is a sexual predator, the 4356
judge shall notify the bureau of criminal identification and 4357
investigation of the determination and shall include in the notice 4358
a statement of the reason or reasons why it determined that the 4359
delinquent child no longer is a sexual predator. Upon receipt of 4360
the notification, the bureau promptly shall notify the sheriff 4361
with whom the delinquent child most recently registered under 4362
section 2950.04 or 2950.05 of the Revised Code of the 4363
determination that the delinquent child no longer is a sexual 4364
predator.4365

       (2) If an offender who has been convicted of or pleaded 4366
guilty to a sexually oriented offense is classified a sexual 4367
predator pursuant to division (A) of this section or has been 4368
adjudicated a sexual predator relative to the offense as described 4369
in division (B) or (C) of this section, subject to division (F) of 4370
this section, the classification or adjudication of the offender 4371
as a sexual predator is permanent and continues in effect until 4372
the offender's death and in no case shall the classification or 4373
adjudication be removed or terminated.4374

       (E)(1) If a person is convicted of or pleads guilty to4375
committing, on or after January 1, 1997, a sexually oriented4376
offense that is not a registration-exempt sexually oriented 4377
offense, the judge who is to impose sentence on the offender shall4378
determine, prior to sentencing, whether the offender previously4379
has been convicted of or pleaded guilty to, or adjudicated a4380
delinquent child for committing, a sexually oriented offense or a 4381
child-victim oriented offense and is a habitual sex offender. The 4382
judge who is to impose or has imposed an order of disposition upon 4383
a child who is adjudicated a delinquent child for committing on or 4384
after January 1, 2002, a sexually oriented offense that is not a 4385
registration-exempt sexually oriented offense shall determine, 4386
prior to entering the order classifying the delinquent child a 4387
juvenile offender registrant, whether the delinquent child 4388
previously has been convicted of or pleaded guilty to, or 4389
adjudicated a delinquent child for committing, a sexually oriented 4390
offense or a child-victim oriented offense and is a habitual sex 4391
offender, if either of the following applies:4392

       (a) The judge is required by section 2152.82 or division (A)4393
of section 2152.83 of the Revised Code to classify the child a4394
juvenile offender registrant;4395

       (b) Division (B) of section 2152.83 of the Revised Code4396
applies regarding the child, the judge conducts a hearing under4397
that division for the purposes described in that division, and the4398
judge determines at that hearing that the child will be classified4399
a juvenile offender registrant.4400

       (2) If, under division (E)(1) of this section, the judge4401
determines that the offender or delinquent child previously has4402
not been convicted of or pleaded guilty to, or been adjudicated a4403
delinquent child for committing, a sexually oriented offense or a 4404
child-victim oriented offense or that the offender otherwise does 4405
not satisfy the criteria for being a habitual sex offender, the4406
judge shall specify in the offender's sentence or in the order 4407
classifying the delinquent child a juvenile offender registrant 4408
that the judge has determined that the offender or delinquent 4409
child is not a habitual sex offender.4410

       If, under division (E)(1) of this section, the judge 4411
determines that the offender or delinquent child previously has 4412
been convicted of or pleaded guilty to, or been adjudicated a 4413
delinquent child for committing, a sexually oriented offense or a 4414
child-victim oriented offense and that the offender satisfies all4415
other criteria for being a habitual sex offender, the offender or 4416
delinquent child is a habitual sex offender or habitual 4417
child-victim offender and the court shall determine whether to 4418
impose a requirement that the offender or delinquent child be 4419
subject to the community notification provisions contained in 4420
sections 2950.10 and 2950.11 of the Revised Code. In making the 4421
determination regarding the possible imposition of the community 4422
notification requirement, if at least two of the sexually oriented 4423
offenses or child-victim oriented offenses that are the basis of 4424
the habitual sex offender or habitual child-victim offender 4425
determination were committed against a victim who was under 4426
eighteen years of age, it is presumed that subjecting the offender 4427
or delinquent child to the community notification provisions is 4428
necessary in order to comply with the determinations, findings, 4429
and declarations of the general assembly regarding sex offenders 4430
and child-victim offenders that are set forth in section 2950.02 4431
of the Revised Code. When a judge determines as described in this 4432
division that an offender or delinquent child is a habitual sex 4433
offender or a habitual child-victim offender, the judge shall4434
specify in the offender's sentence and the judgment of conviction4435
that contains the sentence or in the order classifying the4436
delinquent child a juvenile offender registrant that the judge has4437
determined that the offender or delinquent child is a habitual sex4438
offender and may impose a requirement in that sentence and4439
judgment of conviction or in that order that the offender or4440
delinquent child be subject to the community notification4441
provisions contained in sections 2950.10 and 2950.11 of the 4442
Revised Code. Unless the habitual sex offender also has been4443
adjudicated a sexual predator relative to the sexually oriented 4444
offense in question or the habitual sex offender was convicted of 4445
or pleaded guilty to an aggravated sexually oriented offense, the 4446
offender or delinquent child shall be subject to those community4447
notification provisions only if the court imposes the requirement 4448
described in this division in the offender's sentence and the 4449
judgment of conviction or in the order classifying the delinquent 4450
child a juvenile offender registrant. If the court determines 4451
pursuant to this division or division (C)(2) of this section that 4452
an offender is a habitual sex offender, the determination is 4453
permanent and continues in effect until the offender's death, and 4454
in no case shall the determination be removed or terminated.4455

       If a court in another state, a federal court, military court, 4456
or Indian tribal court, or a court in any nation other than the 4457
United States determines a person to be a habitual sex offender in 4458
that jurisdiction, the person is considered to be determined to be 4459
a habitual sex offender in this state. If the court in the other 4460
state, the federal court, military court, or Indian tribal court, 4461
or the court in the nation other than the United States subjects 4462
the habitual sex offender to community notification regarding the 4463
person's place of residence, the person, as much as is 4464
practicable, is subject to the community notification provisions 4465
regarding the person's place of residence that are contained in 4466
sections 2950.10 and 2950.11 of the Revised Code, unless the court 4467
that so subjected the person to community notification determines 4468
that the person no longer is subject to community notification.4469

       (F)(1) An offender or delinquent child classified as a sexual 4470
predator may petition the court of common pleas or, for a4471
delinquent child, the juvenile court of the county in which the4472
offender or delinquent child resides or temporarily is domiciled4473
to enter a determination that the offender or delinquent child is4474
not an adjudicated sexual predator in this state for purposes of4475
the registration and other requirements of this chapter or the4476
community notification provisions contained in sections 2950.104477
and 2950.11 of the Revised Code if all of the following apply:4478

       (a) The offender or delinquent child was convicted of,4479
pleaded guilty to, or was adjudicated a delinquent child for4480
committing, a sexually oriented offense that is not a 4481
registration-exempt sexually oriented offense in another state, in 4482
a federal court, a military court, or Indian tribal court, or in a 4483
court of any nation other than the United States.4484

       (b) As a result of the conviction, plea of guilty, or4485
adjudication described in division (F)(1)(a) of this section, the4486
offender or delinquent child is required under the law of the4487
jurisdiction under which the offender or delinquent child was4488
convicted, pleaded guilty, or was adjudicated to register as a sex4489
offender until the offender's or delinquent child's death.4490

       (c) The offender or delinquent child was automatically4491
classified a sexual predator under division (A) of this section in 4492
relation to the conviction, guilty plea, or adjudication described 4493
in division (F)(1)(a) of this section.4494

       (2) The court may enter a determination that the offender or4495
delinquent child filing the petition described in division (F)(1)4496
of this section is not an adjudicated sexual predator in this4497
state for purposes of the registration and other requirements of 4498
this chapter or the community notification provisions contained in 4499
sections 2950.10 and 2950.11 of the Revised Code only if the4500
offender or delinquent child proves by clear and convincing4501
evidence that the requirement of the other jurisdiction that the4502
offender or delinquent child register as a sex offender until the4503
offender's or delinquent child's death is not substantially 4504
similar to a classification as a sexual predator for purposes of 4505
this chapter. If the court enters a determination that the 4506
offender or delinquent child is not an adjudicated sexual predator 4507
in this state for those purposes, the court shall include in the 4508
determination a statement of the reason or reasons why it so 4509
determined.4510

       (G) If, prior to the effective date of this sectionJuly 31, 4511
2003, an offender or delinquent child was adjudicated a sexual 4512
predator or was determined to be a habitual sex offender under 4513
this section or section 2152.82, 2152.83, 2152.84, or 2152.85 of 4514
the Revised Code and if, on and after July 31, 2003, the sexually 4515
oriented offense upon which the classification or determination 4516
was based no longer is considered a sexually oriented offense but 4517
instead is a child-victim oriented offense, notwithstanding the 4518
redesignation of that offense, on and after July 31, 2003, all of 4519
the following apply:4520

       (1) Divisions (A)(1) or (2) or (E)(1) and (2) of section 4521
2950.091 of the Revised Code apply regarding the offender or 4522
child, and the judge's classification or determination made prior 4523
to July 31, 2003, shall be considered for all purposes to be a 4524
classification or determination that classifies the offender or 4525
child as described in those divisions.4526

       (2) The offender's or child's classification or determination 4527
under divisions (A)(1) or (2) or (E)(1) and (2) of section 4528
2950.091 of the Revised Code shall be considered, for purposes of 4529
section 2950.07 of the Revised Code and for all other purposes, to 4530
be a continuation of the classification or determination made 4531
prior to July 31, 2003.4532

       (3) The offender's or child's duties under this chapter 4533
relative to that classification or determination shall be 4534
considered for all purposes to be a continuation of the duties 4535
related to that classification or determination as they existed 4536
prior to July 31, 2003.4537

       Sec. 2950.11.  (A) As used in this section, "specified4538
geographical notification area" means the geographic area or areas4539
within which the attorney general, by rule adopted under section4540
2950.13 of the Revised Code, requires the notice described in4541
division (B) of this section to be given to the persons identified4542
in divisions (A)(2) to (8) of this section. If a person is4543
convicted of or pleads guilty to, or has been convicted of or4544
pleaded guilty to, either a sexually oriented offense that is not 4545
a registration-exempt sexually oriented offense or a child-victim 4546
oriented offense, or a person is adjudicated a delinquent child 4547
for committing either a sexually oriented offense that is not a 4548
registration-exempt sexually oriented offense or a child-victim 4549
oriented offense and is classified a juvenile offender registrant 4550
or is an out-of-state juvenile offender registrant based on that4551
adjudication, and if the offender or delinquent child is in any4552
category specified in division (F)(1)(a), (b), or (c) of this4553
section, the sheriff with whom the offender or delinquent child4554
has most recently registered under section 2950.04, 2950.041, or4555
2950.05 of the Revised Code and the sheriff to whom the offender 4556
or delinquent child most recently sent a notice of intent to 4557
reside under section 2950.04 or 2950.041 of the Revised Code,4558
within the period of time specified in division (C) of this4559
section, shall provide a written notice containing the information4560
set forth in division (B) of this section to all of the persons 4561
described in divisions (A)(1) to (9) of this section. If the 4562
sheriff has sent a notice to the persons described in those 4563
divisions as a result of receiving a notice of intent to reside 4564
and if the offender or delinquent child registers a residence 4565
address that is the same residence address described in the notice 4566
of intent to reside, the sheriff is not required to send an 4567
additional notice when the offender or delinquent child registers. 4568
The sheriff shall provide the notice to all of the following 4569
persons:4570

       (1)(a) Any occupant of each residential unit that is located 4571
within one thousand feet of the offender's or delinquent child's 4572
residential premises, that is located within the county served by 4573
the sheriff, and that is not located in a multi-unit building. 4574
Division (D)(3) of this section applies regarding notices required 4575
under this division.4576

       (b) If the offender or delinquent child resides in a 4577
multi-unit building, any occupant of each residential unit that is 4578
located in that multi-unit building and that shares a common 4579
hallway with the offender or delinquent child. For purposes of 4580
this division, an occupant's unit shares a common hallway with the 4581
offender or delinquent child if the entrance door into the 4582
occupant's unit is located on the same floor and opens into the 4583
same hallway as the entrance door to the unit the offender or 4584
delinquent child occupies. Division (D)(3) of this section applies 4585
regarding notices required under this division.4586

       (c) The building manager, or the person the building owner or 4587
condominium unit owners association authorizes to exercise 4588
management and control, of each multi-unit building that is 4589
located within one thousand feet of the offender's or delinquent 4590
child's residential premises, including a multi-unit building in 4591
which the offender or delinquent child resides, and that is 4592
located within the county served by the sheriff. In addition to 4593
notifying the building manager or the person authorized to 4594
exercise management and control in the multi-unit building under 4595
this division, the sheriff shall post a copy of the notice 4596
prominently in each common entryway in the building and any other 4597
location in the building the sheriff determines appropriate. The 4598
manager or person exercising management and control of the 4599
building shall permit the sheriff to post copies of the notice 4600
under this division as the sheriff determines appropriate. In lieu 4601
of posting copies of the notice as described in this division, a 4602
sheriff may provide notice to all occupants of the multi-unit 4603
building by mail or personal contact; if the sheriff so notifies 4604
all the occupants, the sheriff is not required to post copies of 4605
the notice in the common entryways to the building. Division 4606
(D)(3) of this section applies regarding notices required under 4607
this division.4608

       (d) All additional persons who are within any category of 4609
neighbors of the offender or delinquent child that the attorney 4610
general by rule adopted under section 2950.13 of the Revised Code 4611
requires to be provided the notice and who reside within the 4612
county served by the sheriff;4613

       (2) The executive director of the public children services4614
agency that has jurisdiction within the specified geographical4615
notification area and that is located within the county served by4616
the sheriff;4617

       (3)(a) The superintendent of each board of education of a4618
school district that has schools within the specified geographical4619
notification area and that is located within the county served by4620
the sheriff;4621

       (b) The principal of the school within the specified4622
geographical notification area and within the county served by the4623
sheriff that the delinquent child attends;4624

       (c) If the delinquent child attends a school outside of the4625
specified geographical notification area or outside of the school4626
district where the delinquent child resides, the superintendent of4627
the board of education of a school district that governs the4628
school that the delinquent child attends and the principal of the4629
school that the delinquent child attends.4630

       (4)(a) The appointing or hiring officer of each chartered4631
nonpublic school located within the specified geographical4632
notification area and within the county served by the sheriff or4633
of each other school located within the specified geographical4634
notification area and within the county served by the sheriff and4635
that is not operated by a board of education described in division4636
(A)(3) of this section;4637

       (b) Regardless of the location of the school, the appointing4638
or hiring officer of a chartered nonpublic school that the4639
delinquent child attends.4640

       (5) The director, head teacher, elementary principal, or site 4641
administrator of each preschool program governed by Chapter 3301. 4642
of the Revised Code that is located within the specified4643
geographical notification area and within the county served by the4644
sheriff;4645

       (6) The administrator of each child day-care center or type A 4646
family day-care home that is located within the specified4647
geographical notification area and within the county served by the4648
sheriff, and the provider of each certified type B family day-care4649
home that is located within the specified geographical4650
notification area and within the county served by the sheriff. As4651
used in this division, "child day-care center," "type A family4652
day-care home," and "certified type B family day-care home" have4653
the same meanings as in section 5104.01 of the Revised Code.4654

       (7) The president or other chief administrative officer of4655
each institution of higher education, as defined in section4656
2907.03 of the Revised Code, that is located within the specified4657
geographical notification area and within the county served by the4658
sheriff, and the chief law enforcement officer of the state4659
university law enforcement agency or campus police department4660
established under section 3345.04 or 1713.50 of the Revised Code,4661
if any, that serves that institution;4662

       (8) The sheriff of each county that includes any portion of4663
the specified geographical notification area;4664

       (9) If the offender or delinquent child resides within the4665
county served by the sheriff, the chief of police, marshal, or4666
other chief law enforcement officer of the municipal corporation4667
in which the offender or delinquent child resides or, if the4668
offender or delinquent child resides in an unincorporated area,4669
the constable or chief of the police department or police district4670
police force of the township in which the offender or delinquent4671
child resides.4672

       (B) The notice required under division (A) of this section4673
shall include all of the following information regarding the4674
subject offender or delinquent child:4675

       (1) The offender's or delinquent child's name;4676

       (2) The address or addresses of the offender's residence, 4677
school, institution of higher education, or place of employment, 4678
as applicable, or the delinquent child's residence address or 4679
addresses;4680

       (3) The sexually oriented offense or child-victim oriented 4681
offense of which the offender was convicted, to which the offender 4682
pleaded guilty, or for which the child was adjudicated a 4683
delinquent child;4684

       (4) All of the following statements that are applicable:4685

       (a) A statement that the offender has been adjudicated a 4686
sexual predator, a statement that the offender has been convicted 4687
of or pleaded guilty to an aggravated sexually oriented offense, a 4688
statement that the delinquent child has been adjudicated a sexual 4689
predator and that, as of the date of the notice, the court has not 4690
entered a determination that the delinquent child no longer is a 4691
sexual predator, or a statement that the sentencing or reviewing 4692
judge has determined that the offender or delinquent child is a4693
habitual sex offender and that, as of the date of the notice, the 4694
determination regarding a delinquent child has not been removed 4695
pursuant to section 2152.84 or 2152.85 of the Revised Code;4696

       (b) A statement that the offender has been adjudicated a 4697
child-victim predator, a statement that the delinquent child has 4698
been adjudicated a child-victim predator and that, as of the date 4699
of the notice, the court has not entered a determination that the 4700
delinquent child no longer is a child-victim predator, or a 4701
statement that the sentencing or reviewing judge has determined 4702
that the offender or delinquent child is a habitual child-victim 4703
offender and that, as of the date of the notice, the determination 4704
regarding a delinquent child has not been removed pursuant to 4705
section 2152.84 or 2152.85 of the Revised Code;4706

       (5) The offender's or delinquent child's photograph.4707

       (C) If a sheriff with whom an offender or delinquent child4708
registers under section 2950.04, 2950.041, or 2950.05 of the 4709
Revised Code or to whom the offender or delinquent child most 4710
recently sent a notice of intent to reside under section 2950.04 4711
or 2950.041 of the Revised Code is required by division (A) of 4712
this section to provide notices regarding an offender or 4713
delinquent child and if, pursuant to that requirement, the sheriff 4714
provides a notice to a sheriff of one or more other counties in 4715
accordance with division (A)(8) of this section, the sheriff of 4716
each of the other counties who is provided notice under division 4717
(A)(8) of this section shall provide the notices described in4718
divisions (A)(1) to (7) and (A)(9) of this section to each person 4719
or entity identified within those divisions that is located within 4720
the specified geographical notification area and within the county 4721
served by the sheriff in question.4722

       (D)(1) A sheriff required by division (A) or (C) of this4723
section to provide notices regarding an offender or delinquent4724
child shall provide the notice to the neighbors that are described4725
in division (A)(1) of this section and the notices to law4726
enforcement personnel that are described in divisions (A)(8) and4727
(9) of this section as soon as practicable, but no later than five 4728
days after the offender sends the notice of intent to reside to 4729
the sheriff and again no later than five days after the offender4730
or delinquent child registers with the sheriff or, if the sheriff 4731
is required by division (C) of this section to provide the 4732
notices, no later than five days after the sheriff is provided the4733
notice described in division (A)(8) of this section.4734

       A sheriff required by division (A) or (C) of this section to4735
provide notices regarding an offender or delinquent child shall4736
provide the notices to all other specified persons that are4737
described in divisions (A)(2) to (7) of this section as soon as 4738
practicable, but not later than seven days after the offender or 4739
delinquent child registers with the sheriff or, if the sheriff is 4740
required by division (C) of this section to provide the notices, 4741
no later than five days after the sheriff is provided the notice 4742
described in division (A)(8) of this section.4743

       (2) If an offender or delinquent child in relation to whom4744
division (A) of this section applies verifies the offender's or4745
delinquent child's current residence, school, institution of 4746
higher education, or place of employment address, as applicable, 4747
with a sheriff pursuant to section 2950.06 of the Revised Code, 4748
the sheriff may provide a written notice containing the 4749
information set forth in division (B) of this section to the4750
persons identified in divisions (A)(1) to (9) of this section. If 4751
a sheriff provides a notice pursuant to this division to the4752
sheriff of one or more other counties in accordance with division 4753
(A)(8) of this section, the sheriff of each of the other counties 4754
who is provided the notice under division (A)(8) of this section 4755
may provide, but is not required to provide, a written notice4756
containing the information set forth in division (B) of this 4757
section to the persons identified in divisions (A)(1) to (7) and 4758
(A)(9) of this section.4759

       (3) A sheriff may provide notice under division (A)(1)(a) or 4760
(b) of this section, and may provide notice under division 4761
(A)(1)(c) of this section to a building manager or person 4762
authorized to exercise management and control of a building, by 4763
mail, by personal contact, or by leaving the notice at or under 4764
the entry door to a residential unit. For purposes of divisions 4765
(A)(1)(a) and (b) of this section, and the portion of division 4766
(A)(1)(c) of this section relating to the provision of notice to 4767
occupants of a multi-unit building by mail or personal contact, 4768
the provision of one written notice per unit is deemed as 4769
providing notice to all occupants of that unit.4770

       (E) All information that a sheriff possesses regarding a4771
sexual predator, a habitual sex offender, a child-victim predator, 4772
or a habitual child-victim offender that is described in division4773
(B) of this section and that must be provided in a notice required 4774
under division (A) or (C) of this section or that may be provided 4775
in a notice authorized under division (D)(2) of this section is a 4776
public record that is open to inspection under section 149.43 of 4777
the Revised Code.4778

        The sheriff shall not cause to be publicly disseminated by 4779
means of the internet any of the information described in this 4780
division that is provided by a sexual predator, habitual sex 4781
offender, child-victim predator, or habitual child-victim offender 4782
who is a juvenile offender registrant, except when the act that is 4783
the basis of the child's classification as a juvenile offender 4784
registrant is a violation of, or an attempt to commit a violation 4785
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that 4786
was committed with a purpose to gratify the sexual needs or 4787
desires of the child, a violation of section 2907.02 of the 4788
Revised Code, or an attempt to commit a violation of that section.4789

       (F)(1) The duties to provide the notices described in4790
divisions (A) and (C) of this section apply regarding any offender4791
or delinquent child who is in any of the following categories, if4792
the other criteria set forth in division (A) or (C) of this4793
section, whichever is applicable, are satisfied:4794

       (a) The offender or delinquent child has been adjudicated a4795
sexual predator relative to the sexually oriented offense for4796
which the offender or delinquent child has the duty to register4797
under section 2950.04 of the Revised Code or has been adjudicated 4798
a child-victim predator relative to the child-victim oriented 4799
offense for which the offender or child has the duty to register 4800
under section 2950.041 of the Revised Code, and the court has not4801
subsequently determined pursuant to section 2152.84 or 2152.85 of 4802
the Revised Code regarding a delinquent child that the delinquent 4803
child no longer is a sexual predator or no longer is a 4804
child-victim predator, whichever is applicable.4805

       (b) The offender or delinquent child has been determined4806
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, 4807
division (B) of section 2152.83, section 2152.84, or section 4808
2152.85 of the Revised Code to be a habitual sex offender or a 4809
habitual child-victim offender, the court has imposed a 4810
requirement under that division or section subjecting the habitual 4811
sex offender or habitual child-victim offender to this section, 4812
and the determination has not been removed pursuant to section 4813
2152.84 or 2152.85 of the Revised Code regarding a delinquent 4814
child.4815

       (c) The sexually oriented offense for which the offender has4816
the duty to register under section 2950.04 of the Revised Code is4817
an aggravated sexually oriented offense, regardless of whether the4818
offender has been adjudicated a sexual predator relative to the4819
offense or has been determined to be a habitual sex offender.4820

       (2) The notification provisions of this section do not apply4821
regarding a person who is convicted of or pleads guilty to, has4822
been convicted of or pleaded guilty to, or is adjudicated a4823
delinquent child for committing, a sexually oriented offense or a 4824
child-victim oriented offense, who is not in the category 4825
specified in either division (F)(1)(a) or (c) of this section, and 4826
who is determined pursuant to division (C)(2) or (E) of section 4827
2950.09 or 2950.091, division (B) of section 2152.83, section 4828
2152.84, or section 2152.85 of the Revised Code to be a habitual 4829
sex offender or habitual child-victim offender unless the 4830
sentencing or reviewing court imposes a requirement in the 4831
offender's sentence and in the judgment of conviction that4832
contains the sentence or in the delinquent child's adjudication,4833
or imposes a requirement as described in division (C)(2) of4834
section 2950.09 or 2950.091 of the Revised Code, that subjects the4835
offender or the delinquent child to the provisions of this 4836
section.4837

       (G) The department of job and family services shall compile,4838
maintain, and update in January and July of each year, a list of4839
all agencies, centers, or homes of a type described in division4840
(A)(2) or (6) of this section that contains the name of each4841
agency, center, or home of that type, the county in which it is4842
located, its address and telephone number, and the name of an4843
administrative officer or employee of the agency, center, or home.4844
The department of education shall compile, maintain, and update in4845
January and July of each year, a list of all boards of education,4846
schools, or programs of a type described in division (A)(3), (4),4847
or (5) of this section that contains the name of each board of4848
education, school, or program of that type, the county in which it4849
is located, its address and telephone number, the name of the4850
superintendent of the board or of an administrative officer or4851
employee of the school or program, and, in relation to a board of4852
education, the county or counties in which each of its schools is4853
located and the address of each such school. The Ohio board of4854
regents shall compile, maintain, and update in January and July of4855
each year, a list of all institutions of a type described in4856
division (A)(7) of this section that contains the name of each4857
such institution, the county in which it is located, its address4858
and telephone number, and the name of its president or other chief4859
administrative officer. A sheriff required by division (A) or (C)4860
of this section, or authorized by division (D)(2) of this section,4861
to provide notices regarding an offender or delinquent child, or a4862
designee of a sheriff of that type, may request the department of4863
job and family services, department of education, or Ohio board of4864
regents, by telephone, in person, or by mail, to provide the4865
sheriff or designee with the names, addresses, and telephone4866
numbers of the appropriate persons and entities to whom the4867
notices described in divisions (A)(2) to (7) of this section are4868
to be provided. Upon receipt of a request, the department or board 4869
shall provide the requesting sheriff or designee with the names, 4870
addresses, and telephone numbers of the appropriate persons and 4871
entities to whom those notices are to be provided.4872

       (H)(1) Upon the motion of the offender or the prosecuting 4873
attorney of the county in which the offender was convicted of or 4874
pleaded guilty to the sexually oriented offense or child-victim 4875
oriented offense for which the offender is subject to community 4876
notification under this section, or upon the motion of the 4877
sentencing judge or that judge's successor in office, the judge 4878
may schedule a hearing to determine whether the interests of 4879
justice would be served by suspending the community notification 4880
requirement under this section in relation to the offender. The 4881
judge may dismiss the motion without a hearing but may not issue 4882
an order suspending the community notification requirement without 4883
a hearing. At the hearing, all parties are entitled to be heard, 4884
and the judge shall consider all of the factors set forth in 4885
division (B)(3) of section 2950.09 of the Revised Code. If, at the 4886
conclusion of the hearing, the judge finds that the offender has 4887
proven by clear and convincing evidence that the offender is 4888
unlikely to commit in the future a sexually oriented offense or a 4889
child-victim oriented offense and if the judge finds that 4890
suspending the community notification requirement is in the 4891
interests of justice, the judge may suspend the application of 4892
this section in relation to the offender. The order shall contain 4893
both of these findings.4894

       The judge promptly shall serve a copy of the order upon the 4895
sheriff with whom the offender most recently registered under 4896
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon 4897
the bureau of criminal identification and investigation.4898

        An order suspending the community notification requirement 4899
does not suspend or otherwise alter an offender's duties to comply 4900
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 4901
Revised Code and does not suspend the victim notification 4902
requirement under section 2950.10 of the Revised Code.4903

        (2) A prosecuting attorney, a sentencing judge or that 4904
judge's successor in office, and an offender who is subject to the 4905
community notification requirement under this section may 4906
initially make a motion under division (H)(1) of this section upon 4907
the expiration of twenty years after the offender's duty to comply 4908
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 4909
Revised Code begins in relation to the offense for which the 4910
offender is subject to community notification. After the initial 4911
making of a motion under division (H)(1) of this section, 4912
thereafter, the prosecutor, judge, and offender may make a 4913
subsequent motion under that division upon the expiration of five 4914
years after the judge has entered an order denying the initial 4915
motion or the most recent motion made under that division.4916

        (3) The offender and the prosecuting attorney have the right 4917
to appeal an order approving or denying a motion made under 4918
division (H)(1) of this section.4919

        (4) DivisionDivisions (H) (1) to (3) of this section doesdo4920
not apply to any of the following types of offender:4921

        (a) A person who is convicted of or pleads guilty to a 4922
violent sex offense or designated homicide, assault, or kidnapping 4923
offense and who, in relation to that offense, is adjudicated a 4924
sexually violent predator;4925

        (b) A person who is convicted of or pleads guilty to a 4926
sexually oriented offense that is a violation of division 4927
(A)(1)(b) of section 2907.02 of the Revised Code committed on or 4928
after the effective date of this amendment and either who is 4929
sentencd under section 2971.03 of the Revised Code or upon whom a 4930
sentence of life without parole is imposed under division (B) of 4931
section 2907.02 of the Revised Code;4932

       (c) A person who is convicted of or pleads guilty to a 4933
sexually oriented offense that is attempted rape committed on or 4934
after the effective date of this amendment and who also is 4935
convicted of or pleads guilty to a specification of the type 4936
described in section 2941.1418, 2941.1419, or 2941.1420 of the 4937
Revised Code;4938

       (d) A habitual sex offender or habitual child-victim oriented 4939
offender who is subject to community notification who, subsequent 4940
to being subjected to community notification, has pleaded guilty 4941
to or been convicted of a sexually oriented offense or a 4942
child-victim oriented offense;4943

       (c)(e) A sexual predator or child-victim predator who is not 4944
adjudicated a sexually violent predator who, subsequent to being 4945
subjected to community notification, has pleaded guilty to or been 4946
convicted of a sexually oriented offense or child-victim oriented 4947
offense.4948

       (I) If a person is convicted of or pleads guilty to, or has 4949
been convicted of or pleaded guilty to, either a sexually oriented 4950
offense that is not a registration-exempt sexually oriented 4951
offense or a child-victim oriented offense, or a person is 4952
adjudicated a delinquent child for committing either a sexually 4953
oriented offense that is not a registration-exempt sexually 4954
oriented offense or a child-victim oriented offense and is 4955
classified a juvenile offender registrant or is an out-of-state 4956
juvenile offender registrant based on that adjudication, and if 4957
the offender or delinquent child is not in any category specified 4958
in division (F)(1)(a), (b), or (c) of this section, the sheriff 4959
with whom the offender or delinquent child has most recently 4960
registered under section 2950.04, 2950.041, or 2950.05 of the 4961
Revised Code and the sheriff to whom the offender or delinquent 4962
child most recently sent a notice of intent to reside under 4963
section 2950.04 or 2950.041 of the Revised Code, within the period 4964
of time specified in division (D) of this section, shall provide a 4965
written notice containing the information set forth in division 4966
(B) of this section to the executive director of the public 4967
children services agency that has jurisdiction within the 4968
specified geographical notification area and that is located 4969
within the county served by the sheriff.4970

       Sec. 2950.13.  (A) The attorney general shall do all of the4971
following:4972

       (1) No later than July 1, 1997, establish and maintain a4973
state registry of sex offenders and child-victim offenders that is 4974
housed at the bureau of criminal identification and investigation 4975
and that contains all of the registration, change of residence, 4976
school, institution of higher education, or place of employment 4977
address, and verification information the bureau receives pursuant 4978
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised 4979
Code regarding a person who is convicted of or pleads guilty to, 4980
or has been convicted of or pleaded guilty to, either a sexually 4981
oriented offense that is not a registration-exempt sexually 4982
oriented offense or a child-victim oriented offense or a person 4983
who is adjudicated a delinquent child for committing either a 4984
sexually oriented offense that is not a registration-exempt 4985
sexually oriented offense or a child-victim oriented offense and 4986
is classified a juvenile offender registrant or is an 4987
out-of-state juvenile offender registrant based on that4988
adjudication, and all of the information the bureau receives4989
pursuant to section 2950.14 of the Revised Code. For a person who 4990
was convicted of or pleaded guilty to the sexually oriented 4991
offense or child-victim related offense, the registry also shall 4992
indicate whether the person was convicted of or pleaded guilty to 4993
the offense in a criminal prosecution or in a serious youthful 4994
offender case.4995

       (2) In consultation with local law enforcement4996
representatives and no later than July 1, 1997, adopt rules that4997
contain guidelines necessary for the implementation of this4998
chapter;4999

       (3) In consultation with local law enforcement5000
representatives, adopt rules for the implementation and 5001
administration of the provisions contained in section 2950.11 of 5002
the Revised Code that pertain to the notification of neighbors of 5003
an offender or a delinquent child who has committed a sexually5004
oriented offense that is not a registration-exempt sexually 5005
oriented offense and has been adjudicated a sexual predator or5006
determined to be a habitual sex offender, an offender who has 5007
committed an aggravated sexually oriented offense, or an offender 5008
or delinquent child who has committed a child-victim oriented 5009
offense and has been adjudicated a child-victim predator or 5010
determined to be a habitual child-victim offender, and rules that 5011
prescribe a manner in which victims of either a sexually oriented 5012
offense that is not a registration-exempt sexually oriented 5013
offense or a child-victim oriented offense committed by an 5014
offender or a delinquent child who has been adjudicated a sexual5015
predator or determined to be a habitual sex offender, an offender 5016
who has committed an aggravated sexually oriented offense, or an 5017
offender or delinquent child who has committed a child-victim 5018
oriented offense and has been adjudicated a child-victim predator 5019
or determined to be a habitual child-victim offender may make a5020
request that specifies that the victim would like to be provided5021
the notices described in divisions (A)(1) and (2) of section5022
2950.10 of the Revised Code;5023

       (4) In consultation with local law enforcement5024
representatives and through the bureau of criminal identification5025
and investigation, prescribe the forms to be used by judges and5026
officials pursuant to section 2950.03 of the Revised Code to5027
advise offenders and delinquent children of their duties of filing 5028
a notice of intent to reside, registration, notification of a 5029
change of residence, school, institution of higher education, or 5030
place of employment address and registration of the new, school, 5031
institution of higher education, or place of employment address, 5032
as applicable, and address verification under sections 2950.04, 5033
2950.041, 2950.05, and 2950.06 of the Revised Code, and prescribe 5034
the forms to be used by sheriffs relative to those duties of 5035
filing a notice of intent to reside, registration, change of 5036
residence, school, institution of higher education, or place of 5037
employment address notification, and address verification;5038

       (5) Make copies of the forms prescribed under division (A)(4) 5039
of this section available to judges, officials, and sheriffs;5040

       (6) Through the bureau of criminal identification and5041
investigation, provide the notifications, the information, and the5042
documents that the bureau is required to provide to appropriate5043
law enforcement officials and to the federal bureau of5044
investigation pursuant to sections 2950.04, 2950.041, 2950.05, and 5045
2950.06 of the Revised Code;5046

       (7) Through the bureau of criminal identification and5047
investigation, maintain the verification forms returned under the 5048
address verification mechanism set forth in section 2950.06 of the 5049
Revised Code;5050

       (8) In consultation with representatives of the officials,5051
judges, and sheriffs, adopt procedures for officials, judges, and5052
sheriffs to use to forward information, photographs, and5053
fingerprints to the bureau of criminal identification and5054
investigation pursuant to the requirements of sections 2950.03,5055
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;5056

       (9) In consultation with the director of education, the5057
director of job and family services, and the director of5058
rehabilitation and correction, adopt rules that contain guidelines 5059
to be followed by boards of education of a school district,5060
chartered nonpublic schools or other schools not operated by a 5061
board of education, preschool programs, child day-care centers, 5062
type A family day-care homes, certified type B family day-care 5063
homes, and institutions of higher education regarding the proper 5064
use and administration of information received pursuant to section 5065
2950.11 of the Revised Code relative to an offender or delinquent 5066
child who has been adjudicated a sexual predator or child-victim 5067
predator or determined to be a habitual sex offender or habitual 5068
child-victim offender, or an offender who has committed an 5069
aggravated sexually oriented offense;5070

       (10) In consultation with local law enforcement5071
representatives and no later than July 1, 1997, adopt rules that5072
designate a geographic area or areas within which the notice5073
described in division (B) of section 2950.11 of the Revised Code5074
must be given to the persons identified in divisions (A)(2) to (8)5075
of that section;5076

       (11) Through the bureau of criminal identification and 5077
investigation, not later than January 1, 2004, establish and 5078
operate on the internet a sex offender and child-victim offender 5079
database that contains information for every offender who has 5080
committed either a sexually oriented offense that is not a 5081
registration-exempt sexually oriented offense or a child-victim 5082
oriented offense and who registers in any county in this state 5083
pursuant to section 2950.04 or 2950.041 of the Revised Code. The 5084
bureau shall determine the information to be provided on the 5085
database for each offender and shall obtain that information from 5086
the information contained in the state registry of sex offenders 5087
and child-victim offenders described in division (A)(1) of this 5088
section, which information, while in the possession of the sheriff 5089
who provided it, is a public record open for inspection as 5090
described in section 2950.081 of the Revised Code. The information 5091
provided for each offender shall include at least the information 5092
set forth in division (B) of section 2950.11 of the Revised Code. 5093
The database is a public record open for inspection under section 5094
149.43 of the Revised Code, and it shall be searchable by offender 5095
name, by county, by zip code, and by school district. The database 5096
shall provide a link to the web site of each sheriff who has 5097
established and operates on the internet a sex offender and 5098
child-victim offender database that contains information for 5099
offenders who register in that county pursuant to section 2950.04 5100
or 2950.041 of the Revised Code, with the link being a direct link 5101
to the sex offender and child-victim offender database for the 5102
sheriff.5103

       (12) Upon the request of any sheriff, provide technical 5104
guidance to the requesting sheriff in establishing on the internet 5105
a sex offender and child-victim offender database for the public 5106
dissemination of some or all of the materials described in 5107
division (A) of section 2950.081 of the Revised Code that are 5108
public records under that division and that pertain to offenders 5109
who register in that county pursuant to section 2950.04 or 5110
2950.041 of the Revised Code and for the public dissemination of 5111
information the sheriff receives pursuant to section 2950.14 of 5112
the Revised Code;5113

       (13) Through the bureau of criminal identification and 5114
investigation, not later than January 1, 2004, establish and 5115
operate on the internet a database that enables local law 5116
enforcement representatives to remotely search by electronic means 5117
the state registry of sex offenders and child-victim offenders 5118
described in division (A)(1) of this section and any information 5119
the bureau receives pursuant to sections 2950.04, 2950.041, 5120
2950.05, 2950.06, and 2950.14 of the Revised Code. The database 5121
shall enable local law enforcement representatives to obtain 5122
detailed information regarding each offender and delinquent child 5123
who is included in the registry, including, but not limited to the 5124
offender's or delinquent child's name, residence address, place of 5125
employment if applicable, motor vehicle license plate number if 5126
applicable, victim preference if available, date of most recent 5127
release from confinement if applicable, fingerprints, and other 5128
identification parameters the bureau considers appropriate. The 5129
database is not a public record open for inspection under section 5130
149.43 of the Revised Code and shall be available only to law 5131
enforcement representatives as described in this division. 5132
Information obtained by local law enforcement representatives 5133
through use of this database is not open to inspection by the 5134
public or by any person other than a person identified in division 5135
(A) of section 2950.08 of the Revised Code.5136

       (B) The attorney general in consultation with local law5137
enforcement representatives, may adopt rules that establish one or5138
more categories of neighbors of an offender or delinquent child5139
who, in addition to the occupants of residential premises and 5140
other persons specified in division (A)(1) of section 2950.11 of 5141
the Revised Code, must be given the notice described in division 5142
(B) of that section.5143

       (C) No person, other than a local law enforcement 5144
representative, shall knowingly do any of the following:5145

       (1) Gain or attempt to gain access to the database 5146
established and operated by the attorney general, through the 5147
bureau of criminal identification and investigation, pursuant to 5148
division (A)(13) of this section.5149

       (2) Permit any person to inspect any information obtained 5150
through use of the database described in division (C)(1) of this 5151
section, other than as permitted under that division.5152

       (D) As used in this section, "local law enforcement5153
representatives" means representatives of the sheriffs of this5154
state, representatives of the municipal chiefs of police and5155
marshals of this state, and representatives of the township5156
constables and chiefs of police of the township police departments5157
or police district police forces of this state.5158

       Sec. 2950.14.  (A) Prior to releasing an offender who is5159
under the custody and control of the department of rehabilitation5160
and correction and who has been convicted of or pleaded guilty to5161
committing, either prior to, on, or after January 1, 1997, any5162
sexually oriented offense that is not a registration-exempt 5163
sexually oriented offense or any child-victim oriented offense, 5164
the department of rehabilitation and correction shall provide all 5165
of the information described in division (B) of this section to 5166
the bureau of criminal identification and investigation regarding 5167
the offender and to the sheriff of the county in which the 5168
offender's anticipated future residence is located. Prior to5169
releasing a delinquent child who is in the custody of the5170
department of youth services who has been adjudicated a delinquent 5171
child for committing on or after January 1, 2002, any sexually 5172
oriented offense that is not a registration-exempt sexually 5173
oriented offense or any child-victim oriented offense, and who has 5174
been classified a juvenile offender registrant based on that 5175
adjudication, the department of youth services shall provide all 5176
of the information described in division (B) of this section to 5177
the bureau of criminal identification and investigation regarding5178
the delinquent child.5179

       (B) The department of rehabilitation and correction and the5180
department of youth services shall provide all of the following5181
information to the bureau of criminal identification and5182
investigation regarding an offender or delinquent child described5183
in division (A) of this section:5184

       (1) The offender's or delinquent child's name and any aliases 5185
used by the offender or delinquent child;5186

       (2) All identifying factors concerning the offender or5187
delinquent child;5188

       (3) The offender's or delinquent child's anticipated future5189
residence;5190

       (4) The offense and delinquency history of the offender or5191
delinquent child;5192

       (5) Whether the offender or delinquent child was treated for5193
a mental abnormality or personality disorder while under the5194
custody and control of the department;5195

       (6) Any other information that the bureau indicates is5196
relevant and that the department possesses.5197

       (C) Upon receipt of the information described in division (B) 5198
of this section regarding an offender or delinquent child, the5199
bureau immediately shall enter the information into the state5200
registry of sex offenders and child-victim offenders that the 5201
bureau maintains pursuant to section 2950.13 of the Revised Code 5202
and into the records that the bureau maintains pursuant to 5203
division (A) of section 109.57 of the Revised Code. Upon receipt 5204
of that information regarding an offender, the bureau immediately 5205
shall enter the information on the sex offender and child-victim 5206
offender database it establishes and operates on the internet 5207
pursuant to division (A)(11) of section 2950.13 of the Revised 5208
Code.5209

       (D) Upon receipt of the information described in division (B) 5210
of this section regarding an offender, a sheriff who has 5211
established on the internet a sex offender and child-victim 5212
offender database for the public dissemination of information 5213
regarding such offenders shall enter that information on the 5214
database.5215

       Sec. 2967.12.  (A) Except as provided in division (G) of this 5216
section, at least three weeks before the adult parole authority 5217
recommends any pardon or commutation of sentence, or grants any 5218
parole, the authority shall send a notice of the pendency of the 5219
pardon, commutation, or parole, setting forth the name of the 5220
person on whose behalf it is made, the offense of which the person 5221
was convicted or to which the person pleaded guilty, the time of 5222
conviction or the guilty plea, and the term of the person's 5223
sentence, to the prosecuting attorney and the judge of the court 5224
of common pleas of the county in which the indictment against the 5225
person was found. If there is more than one judge of that court of5226
common pleas, the authority shall send the notice to the presiding 5227
judge. The department of rehabilitation and correction, at the 5228
same time that it provides the notice to the prosecuting attorney 5229
and judge under this division, also shall post on the database it 5230
maintains pursuant to section 5120.66 of the Revised Code the 5231
offender's name and all of the information specified in division 5232
(A)(1)(c)(iii) of that section.5233

       (B) If a request for notification has been made pursuant to5234
section 2930.16 of the Revised Code, the adult parole authority5235
also shall give notice to the victim or the victim's5236
representative prior to recommending any pardon or commutation of5237
sentence for, or granting any parole to, the person. The authority 5238
shall provide the notice at the same time as the notice required 5239
by division (A) of this section and shall include in the notice5240
the information required to be set forth in that notice. The 5241
notice also shall inform the victim or the victim's representative 5242
that the victim or representative may send a written statement 5243
relative to the victimization and the pending action to the adult 5244
parole authority and that, if the authority receives any written 5245
statement prior to recommending a pardon or commutation or 5246
granting a parole for a person, the authority will consider the 5247
statement before it recommends a pardon or commutation or grants a5248
parole. If the person is being considered for parole, the notice 5249
shall inform the victim or the victim's representative that a full5250
board hearing of the parole board may be held and that the victim5251
or victim's representative may contact the office of victims' 5252
services for further information. If the person being considered 5253
for parole was convicted of or pleaded guilty to violating section 5254
2903.01 or 2903.02 of the Revised Code, the notice shall inform 5255
the victim of that offense, the victim's representative, or a 5256
member of the victim's immediate family that the victim, the 5257
victim's representative, and the victim's immediate family have 5258
the right to give testimony at a full board hearing of the parole 5259
board and that the victim or victim's representative may contact 5260
the office of victims' services for further information. As used 5261
in this division, "the victim's immediate family" means the 5262
mother, father, spouse, sibling, or child of the victim.5263

       (C) When notice of the pendency of any pardon, commutation of 5264
sentence, or parole has been given to a judge or prosecutor or 5265
posted on the database as provided in division (A) of this section 5266
and a hearing on the pardon, commutation, or parole is continued 5267
to a date certain, the authority shall provide notice of the 5268
further consideration of the pardon, commutation, or parole at5269
least ten days before the further consideration. The notice of the 5270
further consideration shall be provided to the proper judge and 5271
prosecuting attorney by mail at least ten days before the further 5272
consideration, and, if the initial notice was posted on the 5273
database as provided in division (A) of this section, the notice 5274
of the further consideration shall be posted on the database at 5275
least ten days before the further consideration. When notice of5276
the pendency of any pardon, commutation, or parole has been given5277
as provided in division (B) of this section and the hearing on it5278
is continued to a date certain, the authority shall give notice of 5279
the further consideration to the victim or the victim's5280
representative in accordance with section 2930.03 of the Revised5281
Code.5282

       (D) In case of an application for the pardon or commutation5283
of sentence of a person sentenced to capital punishment, the5284
governor may modify the requirements of notification and5285
publication if there is not sufficient time for compliance with5286
the requirements before the date fixed for the execution of5287
sentence.5288

       (E) If an offender is serving a prison term imposed under5289
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c)5290
of section 2971.03 of the Revised Code and if the parole board 5291
terminates its control over the offender's service of that term 5292
pursuant to section 2971.04 of the Revised Code, the parole board 5293
immediately shall provide written notice of its termination of 5294
control or the transfer of control to the entities and persons5295
specified in section 2971.04 of the Revised Code.5296

       (F) The failure of the adult parole authority to comply with5297
the notice or posting provisions of division (A), (B), or (C) of 5298
this section or the failure of the parole board to comply with the5299
notice provisions of division (E) of this section do not give any5300
rights or any grounds for appeal or post-conviction relief to the 5301
person serving the sentence.5302

       (G) Divisions (A), (B), and (C) of this section do not apply5303
to any release of a person that is of the type described in5304
division (B)(2)(b) of section 5120.031 of the Revised Code.5305

       (H) In addition to and independent of the right of a victim 5306
to make a statement as described in division (A) of this section 5307
or pursuant to section 2930.17 of the Revised Code or to otherwise 5308
make a statement, the authority for a judge or prosecuting 5309
attorney to furnish statements and information, make 5310
recommendations, and give testimony as described in division (A) 5311
of this section, the right of a prosecuting attorney, judge, or 5312
victim to give testimony or submit a statement at a full parole 5313
board hearing pursuant to section 5149.101 of the Revised Code, 5314
and any other right or duty of a person to present information or 5315
make a statement, any person may send to the adult parole 5316
authority at any time prior to the authority's recommending a 5317
pardon or commutation or granting a parole for the offender a 5318
written statement relative to the offense and the pending action.5319

       Sec. 2967.121.  (A) Subject to division (C) of this section, 5320
at least two weeks before any convict who is serving a sentence 5321
for committing a felony of the first, second, or third degree is5322
released from confinement in any state correctional institution5323
pursuant to a pardon, commutation of sentence, parole, or 5324
completed prison term, the adult parole authority shall send 5325
notice of the release to the prosecuting attorney of the county in 5326
which the indictment of the convict was found.5327

       (B) The notice required by division (A) of this section may 5328
be contained in a weekly list of all felons of the first, second, 5329
or third degree who are scheduled for release. The notice shall 5330
contain all of the following:5331

       (1) The name of the convict being released;5332

       (2) The date of the convict's release;5333

       (3) The offense for the violation of which the convict was5334
convicted and incarcerated;5335

       (4) The date of the convict's conviction pursuant to which5336
the convict was incarcerated;5337

       (5) The sentence imposed for that conviction;5338

       (6) The length of any supervision that the convict will be5339
under;5340

       (7) The name, business address, and business phone number of 5341
the convict's supervising officer;5342

       (8) The address at which the convict will reside.5343

       (C) Divisions (A) and (B) of this section do not apply to the 5344
release from confinement of an offender if the offender is serving 5345
a prison term imposed under division (A)(3), (B)(1)(a), (b), or 5346
(c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised 5347
Code, if the court pursuant to section 2971.05 of the Revised Code 5348
modifies the requirement that the offender serve that entire term 5349
in a state correctional institution, and if the release from 5350
confinement is pursuant to that modification. In a case of that 5351
type, the court that modifies the requirement promptly shall 5352
provide written notice of the modification and the order that 5353
modifies the requirement or revises the modification to the5354
offender, the department of rehabilitation and correction, the 5355
prosecuting attorney, and any state agency or political 5356
subdivision that is affected by the order.5357

       Sec. 2971.03.  (A) Notwithstanding divisions (A), (B), (C), 5358
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06, 5359
2929.13, or another section of the Revised Code, other than 5360
divisions (D) and (E) of section 2929.14 of the Revised Code, that 5361
authorizes or requires a specified prison term or a mandatory 5362
prison term for a person who is convicted of or pleads guilty to a 5363
felony or that specifies the manner and place of service of a 5364
prison term or term of imprisonment, the court shall impose a 5365
sentence upon a person who is convicted of or pleads guilty to a 5366
violent sex offense and who also is convicted of or pleads guilty 5367
to a sexually violent predator specification that was included in 5368
the indictment, count in the indictment, or information charging 5369
that offense, and upon a person who is convicted of or pleads 5370
guilty to a designated homicide, assault, or kidnapping offense 5371
and also is convicted of or pleads guilty to both a sexual 5372
motivation specification and a sexually violent predator 5373
specification that were included in the indictment, count in the 5374
indictment, or information charging that offense, as follows:5375

       (1) If the offense for which the sentence is being imposed is 5376
aggravated murder and if the court does not impose upon the 5377
offender a sentence of death, it shall impose upon the offender a 5378
term of life imprisonment without parole. If the court sentences 5379
the offender to death and the sentence of death is vacated, 5380
overturned, or otherwise set aside, the court shall impose upon 5381
the offender a term of life imprisonment without parole.5382

       (2) If the offense for which the sentence is being imposed is 5383
murder; or if the offense is rape committed in violation of 5384
division (A)(1)(b) of section 2907.02 of the Revised Code when the 5385
offender purposely compelled the victim to submit by force or 5386
threat of force, when the victim was less than ten years of age, 5387
when the offender previously has been convicted of or pleaded 5388
guilty to either rape committed in violation of that division or a 5389
violation of an existing or former law of this state, another 5390
state, or the United States that is substantially similar to 5391
division (A)(1)(b) of section 2907.02 of the Revised Code, or when 5392
the offender during or immediately after the commission of the 5393
rape caused serious physical harm to the victim; or if the offense 5394
is an offense other than aggravated murder or murder for which a 5395
term of life imprisonment may be imposed, it shall impose upon the 5396
offender a term of life imprisonment without parole.5397

       (3)(a) Except as otherwise provided in division (A)(3)(b), 5398
(c), or (d), or (e) or (A)(4) of this section, if the offense for 5399
which the sentence is being imposed is an offense other than 5400
aggravated murder, murder, or rape and other than an offense for 5401
which a term of life imprisonment may be imposed, it shall impose 5402
an indefinite prison term consisting of a minimum term fixed by 5403
the court from among the range of terms available as a definite 5404
term for the offense, but not less than two years, and a maximum 5405
term of life imprisonment.5406

       (b) Except as otherwise provided in division (A)(4) of this5407
section, if the offense for which the sentence is being imposed is 5408
kidnapping that is a felony of the first degree, it shall impose 5409
an indefinite prison term consisting of a minimum term fixed by 5410
the court that is not less than ten years, and a maximum term of 5411
life imprisonment.5412

        (c) Except as otherwise provided in division (A)(4) of this 5413
section, if the offense for which the sentence is being imposed is 5414
kidnapping that is a felony of the second degree, it shall impose 5415
an indefinite prison term consisting of a minimum term fixed by 5416
the court that is not less than eight years, and a maximum term of 5417
life imprisonment.5418

       (d) Except as otherwise provided in division (A)(4) of this5419
section, if the offense for which the sentence is being imposed is 5420
rape for which a term of life imprisonment is not imposed under 5421
section 2907.02 of the Revised Code or division (A)(2) of this 5422
section or division (B) of section 2907.02 of the Revised Code, it 5423
shall impose an indefinite prison term as follows:5424

       (i) If the rape is committed on or after the effective date 5425
of this amendment in violation of division (A)(1)(b) of section 5426
2907.02 of the Revised Code, it shall impose an indefinite prison 5427
term consisting of a minimum term of twenty-five years and a 5428
maximum term of life imprisonment.5429

       (ii) If the rape is committed prior to the effective date of 5430
this amendment or the rape is committed on or after the effective 5431
date of this amendment other than in violation of division 5432
(A)(1)(b) of section 2907.02 of the Revised Code, it shall impose 5433
an indefinite prison term consisting of a minimum term fixed by 5434
the court that is not less than ten years, and a maximum term of5435
life imprisonment.5436

       (e) Except as otherwise provided in division (A)(4) of this 5437
section, if the offense for which sentence is being imposed is 5438
attempted rape, it shall impose an indefinite prison term as 5439
follows:5440

       (i) Except as otherwise provided in division (A)(3)(e)(ii), 5441
(iii), or (iv) of this section, it shall impose an indefinite 5442
prison term pursuant to division (A)(3)(a) of this section.5443

       (ii) If the attempted rape for which sentence is being 5444
imposed was committed on or after the effective date of this 5445
amendment, and if the offender also is convicted of or pleads 5446
guilty to a specification of the type described in section 5447
2941.1418 of the Revised Code, it shall impose an indefinite 5448
prison term consisting of a minimum term of five years and a 5449
maximum term of twenty-five years.5450

       (iii) If the attempted rape for which sentence is being 5451
imposed was committed on or after the effective date of this 5452
amendment, and if the offender also is convicted of or pleads 5453
guilty to a specification of the type described in section 5454
2941.1419 of the Revised Code, it shall impose an indefinite 5455
prison term consisting of a minimum term of ten years and a 5456
maximum of life imprisonment.5457

       (iv) If the attempted rape for which sentence is being 5458
imposed was committed on or after the effective date of this 5459
amendment, and if the offender also is convicted of or pleads 5460
guilty to a specification of the type described in section 5461
2941.1420 of the Revised Code, it shall impose an indefinite 5462
prison term consisting of a minimum term of fifteen years and a 5463
maximum of life imprisonment. 5464

       (4) For any offense for which the sentence is being imposed, 5465
if the offender previously has been convicted of or pleaded guilty 5466
to a violent sex offense and also to a sexually violent predator 5467
specification that was included in the indictment, count in the5468
indictment, or information charging that offense, or previously 5469
has been convicted of or pleaded guilty to a designated homicide, 5470
assault, or kidnapping offense and also to both a sexual 5471
motivation specification and a sexually violent predator 5472
specification that were included in the indictment, count in the 5473
indictment, or information charging that offense, it shall impose 5474
upon the offender a term of life imprisonment without parole.5475

       (B)(1) Notwithstanding section 2929.13, division (A), (B), 5476
(C), or (F) of section 2929.14, or another section of the Revised 5477
Code other than division (B) of section 2907.02 or divisions (D) 5478
and (E) of section 2929.14 of the Revised Code that authorizes or 5479
requires a specified prison term or a mandatory prison term for a 5480
person who is convicted of or pleads guilty to a felony or that 5481
specifies the manner and place of service of a prison term or term 5482
of imprisonment, if a person is convicted of or pleads guilty to a 5483
violation of division (A)(1)(b) of section 2907.02 of the Revised 5484
Code committed on or after the effective date of this amendment, 5485
if division (A) of this section does not apply regarding the 5486
person, and if the court does not impose a sentence of life 5487
without parole when authorized pursuant to division (B) of section 5488
2907.02 of the Revised Code, the court shall impose upon the 5489
person an indefinite prison term consisting of one of the 5490
following:5491

        (a) Except as otherwise required in division (B)(1)(b) or (c) 5492
of this section, a minimum term of ten years and a maximum term of 5493
life imprisonment.5494

       (b) If the victim was less than ten years of age, a minimum 5495
term of fifteen years and a maximum of life imprisonment.5496

       (c) If the offender purposely compels the victim to submit by 5497
force or threat of force, or if the offender previously has been 5498
convicted of or pleaded guilty to violating division (A)(1)(b) of 5499
section 2907.02 of the Revised Code or to violating an existing or 5500
former law of this state, another state, or the United States that 5501
is substantially similar to division (A)(1)(b) of that section, or 5502
if the offender during or immediately after the commission of the 5503
offense caused serious physical harm to the victim, a minimum term 5504
of twenty-five years and a maximum of life imprisonment. 5505

       (2) Notwithstanding section 2929.13, division (A), (B), (C), 5506
or (F) of section 2929.14, or another section of the Revised Code 5507
other than divisions (D) and (E) of section 2929.14 of the Revised 5508
Code that authorizes or requires a specified prison term or a 5509
mandatory prison term for a person who is convicted of or pleads 5510
guilty to a felony or that specifies the manner and place of 5511
service of a prison term or term of imprisonment and except as 5512
otherwise provided in division (B) of section 2907.02 of the 5513
Revised Code, if a person is convicted of or pleads guilty to 5514
attempted rape committed on or after the effective date of this 5515
amendment and if division (A) of this section does not apply 5516
regarding the person, the court shall impose upon the person an 5517
indefinite prison term consisting of one of the following:5518

       (a) If the person also is convicted of or pleads guilty to a 5519
specification of the type described in section 2941.1418 of the 5520
Revised Code, the court shall impose upon the person an indefinite 5521
prison term consisting of a minimum term of five years and a 5522
maximum term of twenty-five years.5523

       (b) If the person also is convicted of or pleads guilty to a 5524
specification of the type described in section 2941.1419 of the 5525
Revised Code, the court shall impose upon the person an indefinite 5526
prison term consisting of a minimum term of ten years and a 5527
maximum term of life imprisonment.5528

       (c) If the person also is convicted of or pleads guilty to a 5529
specification of the type described in section 2941.1420 of the 5530
Revised Code, the court shall impose upon the person an indefinite 5531
prison term consisting of a minimum term of fifteen years and a 5532
maximum term of life imprisonment. 5533

       (C)(1) If the offender is sentenced to a prison term pursuant 5534
to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or 5535
(c) of this section, the parole board shall have control over the 5536
offender's service of the term during the entire term unless the 5537
parole board terminates its control in accordance with section 5538
2971.04 of the Revised Code.5539

       (C)(1)(2) Except as provided in division (C)(2)(3) of this 5540
section, an offender sentenced to a prison term or term of life5541
imprisonment without parole pursuant to division (A) of this 5542
section shall serve the entire prison term or term of life 5543
imprisonment in a state correctional institution. The offender is 5544
not eligible for judicial release under section 2929.20 of the 5545
Revised Code.5546

       (2)(3) For a prison term imposed pursuant to division (A)(3), 5547
(B)(1)(a), (b), or (B)(2)(a), (b), or (c) of this section, the 5548
court, in accordance with section 2971.05 of the Revised Code, may 5549
terminate the prison term or modify the requirement that the 5550
offender serve the entire term in a state correctional institution5551
if all of the following apply:5552

       (a) The offender has served at least the minimum term imposed 5553
as part of that prison term.5554

       (b) The parole board, pursuant to section 2971.04 of the 5555
Revised Code, has terminated its control over the offender's 5556
service of that prison term.5557

       (c) The court has held a hearing and found, by clear and5558
convincing evidence, one of the following:5559

       (i) In the case of termination of the prison term, that the 5560
offender is unlikely to commit a sexually violent offense in the 5561
future;5562

       (ii) In the case of modification of the requirement, that the5563
offender does not represent a substantial risk of physical harm to 5564
others.5565

       (3)(4) An offender who has been sentenced to a term of life 5566
imprisonment without parole pursuant to division (A)(1), (2), or 5567
(4) of this section shall not be released from the term of life 5568
imprisonment or be permitted to serve a portion of it in a place 5569
other than a state correctional institution.5570

       (D) If a court sentences an offender to a prison term or term 5571
of life imprisonment without parole pursuant to division (A) of 5572
this section and the court also imposes on the offender one or5573
more additional prison terms pursuant to division (D) of section 5574
2929.14 of the Revised Code, all of the additional prison terms5575
shall be served consecutively with, and prior to, the prison term 5576
or term of life imprisonment without parole imposed upon the5577
offender pursuant to division (A) of this section.5578

       (E) If the offender is convicted of or pleads guilty to two 5579
or more offenses for which a prison term or term of life5580
imprisonment without parole is required to be imposed pursuant to 5581
division (A) of this section, divisions (A) to (D) of this section5582
shall be applied for each offense. All minimum terms imposed upon 5583
the offender pursuant to division (A)(3) or (B) of this section 5584
for those offenses shall be aggregated and served consecutively, 5585
as if they were a single minimum term imposed under that division.5586

       (F) If an offender is convicted of or pleads guilty to a 5587
violent sex offense and also is convicted of or pleads guilty to a 5588
sexually violent predator specification that was included in the 5589
indictment, count in the indictment, or information charging that 5590
offense, or is convicted of or pleads guilty to a designated 5591
homicide, assault, or kidnapping offense and also is convicted of 5592
or pleads guilty to both a sexual motivation specification and a 5593
sexually violent predator specification that were included in the 5594
indictment, count in the indictment, or information charging that 5595
offense, the conviction of or plea of guilty to the offense and 5596
the sexually violent predator specification automatically 5597
classifies the offender as a sexual predator for purposes of 5598
Chapter 2950. of the Revised Code. If an offender is convicted of 5599
or pleads guilty to committing on or after the effective date of 5600
this amendment a violation of division (A)(1)(b) of section 5601
2907.02 of the Revised Code and either the offender is sentenced 5602
under section 2971.03 of the Revised Code or a sentence of life 5603
without parole is imposed under division (B) of section 2907.02 of 5604
the Revised Code, the conviction of or plea of guilty to the 5605
offense automatically classifies the offender as a sexual predator 5606
for purposes of Chapter 2950. of the Revised Code. If a person is 5607
convicted of or pleads guilty to committing on or after the 5608
effective date of this amendment attempted rape and also is 5609
convicted of or pleads guilty to a specification of the type 5610
described in section 2941.1418, 2941.1419, or 2941.1420 of the 5611
Revised Code, the conviction of or plea of guilty to the offense 5612
and the specification automatically classify the offender as a 5613
sexual predator for purposes of this chapter. The classification 5614
pursuant to this division of thean offender as a sexual predator 5615
for purposes of that chapterChapter 2950. of the Revised Code is 5616
permanent and continues until the offender's death as described in 5617
division (D)(2) of section 2950.09 of the Revised Code.5618

       Sec. 2971.04.  (A) If an offender is serving a prison term 5619
imposed under division (A)(3), (B)(1)(a), (b), or (c), or 5620
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, at 5621
any time after the offender has served the minimum term imposed 5622
under that sentence, the parole board may terminate its control 5623
over the offender's service of the prison term. The parole board 5624
initially shall determine whether to terminate its control over5625
the offender's service of the prison term upon the completion of 5626
the offender's service of the minimum term under the sentence and 5627
shall make subsequent determinations at least once every two years 5628
after that first determination. The parole board shall not 5629
terminate its control over the offender's service of the prison 5630
term unless it finds at a hearing that the offender does not 5631
represent a substantial risk of physical harm to others. Prior to 5632
determining whether to terminate its control over the offender's 5633
service of the prison term, the parole board shall request the 5634
department of rehabilitation and correction to prepare pursuant to 5635
section 5120.61 of the Revised Code an update of the most recent 5636
risk assessment and report relative to the offender. The offender 5637
has the right to be present at any hearing held under this 5638
section. At the hearing, the offender and the prosecuting attorney 5639
may make a statement and present evidence as to whether the parole 5640
board should terminate its control over the offender's service of 5641
the prison term. In making its determination as to whether to 5642
terminate its control over the offender's service of the prison 5643
term, the parole board may follow the standards and guidelines 5644
adopted by the department of rehabilitation and correction under 5645
section 5120.49 of the Revised Code and shall consider the updated 5646
risk assessment and report relating to the offender prepared by 5647
the department pursuant to section 5120.61 of the Revised Code in 5648
response to the request made under this division and any 5649
statements or evidence submitted by the offender or the 5650
prosecuting attorney. If the parole board terminates its control5651
over an offender's service of a prison term imposed under division5652
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of 5653
section 2971.03 of the Revised Code, it shall recommend to the 5654
court modifications to the requirement that the offender serve the 5655
entire term in a state correctional institution. The court is not 5656
bound by the recommendations submitted by the parole board.5657

       (B) If the parole board terminates its control over an 5658
offender's service of a prison term imposed pursuant to division 5659
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of 5660
section 2971.03 of the Revised Code, the parole board immediately 5661
shall provide written notice of its termination of control to the 5662
department of rehabilitation and correction, the court, and the 5663
prosecuting attorney, and, after the board's termination of its 5664
control, the court shall have control over the offender's service 5665
of that prison term.5666

       After the transfer, the court shall have control over the 5667
offender's service of that prison term for the offender's entire 5668
life, subject to the court's termination of the term pursuant to 5669
section 2971.05 of the Revised Code.5670

       (C) If control over the offender's service of the prison term5671
is transferred to the court, all of the following apply:5672

       (1) The offender shall not be released solely as a result of 5673
the transfer of control over the service of that prison term.5674

       (2) The offender shall not be permitted solely as a result of 5675
the transfer to serve a portion of that term in a place other than 5676
a state correctional institution.5677

       (3) The offender shall continue serving that term in a state 5678
correctional institution, subject to the following:5679

       (a) A release pursuant to a pardon, commutation, or reprieve;5680

       (b) A modification or termination of the term by the court5681
pursuant to this chapter.5682

       Sec. 2971.05.  (A)(1) After control over an offender's 5683
service of a prison term imposed pursuant to division (A)(3), 5684
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section5685
2971.03 of the Revised Code has been transferred pursuant to 5686
section 2971.04 of the Revised Code to the court, the court shall5687
schedule, within thirty days of any of the following, a hearing on 5688
whether to modify in accordance with division (C) of this section 5689
the requirement that the offender serve the entire prison term in 5690
a state correctional institution or to terminate the prison term 5691
in accordance with division (D) of this section:5692

       (a) Control over the offender's service of a prison term is 5693
transferred pursuant to section 2971.04 of the Revised Code to the 5694
court, and no hearing to modify the requirement has been held;5695

       (b) Two years elapse after the most recent prior hearing held5696
pursuant to division (A)(1) or (2) of this section;5697

       (c) The prosecuting attorney, the department of 5698
rehabilitation and correction, or the adult parole authority 5699
requests the hearing, and recommends that the requirement be 5700
modified or that the offender's prison term be terminated.5701

       (2) After control over the offender's service of a prison 5702
term has been transferred pursuant to section 2971.04 of the 5703
Revised Code to the court, the court, within thirty days of either 5704
of the following, shall conduct a hearing on whether to modify in 5705
accordance with division (C) of this section the requirement that 5706
the offender serve the entire prison term in a state correctional5707
institution, whether to continue, revise, or revoke an existing 5708
modification of that requirement, or whether to terminate the term 5709
in accordance with division (D) of this section:5710

       (a) The requirement that the offender serve the entire prison5711
term in a state correctional institution has been modified, and 5712
the offender is taken into custody for any reason.5713

       (b) The department of rehabilitation and correction or the 5714
prosecuting attorney notifies the court pursuant to section 5715
2971.06 of the Revised Code regarding a known or suspected 5716
violation of a term or condition of the modification or a belief 5717
that there is a substantial likelihood that the offender has 5718
committed or is about to commit a sexually violent offense.5719

       (3) After control over the offender's service of a prison 5720
term has been transferred pursuant to section 2971.04 of the 5721
Revised Code to the court, the court, in any of the following 5722
circumstances, may conduct a hearing within thirty days to 5723
determine whether to modify in accordance with division (C) of 5724
this section the requirement that the offender serve the entire 5725
prison term in a state correctional institution, whether to 5726
continue, revise, or revoke an existing modification of that 5727
requirement, or whether to terminate the sentence in accordance5728
with division (D) of this section:5729

       (a) The offender requests the hearing;5730

       (b) Upon the court's own motion;5731

       (c) One or more examiners who have conducted a psychological5732
examination and assessment of the offender file a statement that 5733
states that there no longer is a likelihood that the offender will 5734
engage in the future in a sexually violent offense.5735

       (B)(1) Before a court holds a hearing pursuant to division5736
(A) of this section, the court shall provide notice of the date,5737
time, place, and purpose of the hearing to the offender, the 5738
prosecuting attorney, the department of rehabilitation and 5739
correction, and the adult parole authority and shall request the 5740
department to prepare pursuant to section 5120.61 of the Revised 5741
Code an update of the most recent risk assessment and report 5742
relative to the offender. The offender has the right to be 5743
present at any hearing held under this section. At the hearing, 5744
the offender and the prosecuting attorney may make a statement and 5745
present evidence as to whether the requirement that the offender 5746
serve the entire prison term in a state correctional institution5747
should or should not be modified, whether the existing 5748
modification of the requirement should be continued, revised, or 5749
revoked, and whether the prison term should or should not be 5750
terminated.5751

       (2) At a hearing held pursuant to division (A) of this 5752
section, the court may and, if the hearing is held pursuant to 5753
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall 5754
determine by clear and convincing evidence whether the offender is 5755
unlikely to commit a sexually violent offense in the future.5756

       (3) At the conclusion of the hearing held pursuant to 5757
division (A) of this section, the court may order that the 5758
requirement that the offender serve the entire prison term in a 5759
state correctional institution be continued, that the requirement 5760
be modified pursuant to division (C) of this section, that an 5761
existing modification be continued, revised, or revoked pursuant 5762
to division (C) of this section, or that the prison term be5763
terminated pursuant to division (D) of this section.5764

       (C)(1) If, at the conclusion of a hearing held pursuant to5765
division (A) of this section, the court determines by clear and 5766
convincing evidence that the offender will not represent a 5767
substantial risk of physical harm to others, the court may modify 5768
the requirement that the offender serve the entire prison term 5769
imposed under division (A)(3), (B)(1)(a), (b), or (c), or 5770
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code in a 5771
state correctional institution in a manner that the court 5772
considers appropriate. If the court modifies the requirement, the 5773
offender is subject tofor an offender whose prison term was 5774
imposed pursuant to division (A)(3) of section 2971.03 of the 5775
Revised Code, the court shall order the adult parole authority to 5776
supervise the offender and shall require that the authority's 5777
supervision underof the offender be pursuant to division (E) of 5778
this section. If the court modifies the requirement for an 5779
offender whose prison term was imposed pursuant to division 5780
(B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 5781
of the Revised Code, the court shall order the adult parole 5782
authority to supervise the offender and may require that the 5783
authority's supervision of the offender be pursuant to division 5784
(E) of this section.5785

       (2) The modification of the requirement does not terminate 5786
the prison term but serves only to suspend the requirement that 5787
the offender serve the entire term in a state correctional 5788
institution. The prison term shall remain in effect for the 5789
offender's entire life unless the court terminates the prison term 5790
pursuant to division (D) of this section. The offender shall5791
remain under the jurisdiction of the court for the offender's 5792
entire life unless the court so terminates the prison term. The 5793
modification of the requirement does not terminate the5794
classification of the offender, as described in division (F) of 5795
section 2971.03 of the Revised Code, as a sexual predator for5796
purposes of Chapter 2950. of the Revised Code, and the offender is 5797
subject to supervision, including supervision under division (E) 5798
of this section if the court required the supervision of the 5799
offender to be pursuant to that division.5800

       (3) If the court revokes the modification under 5801
consideration, the court shall order that the offender be returned 5802
to the custody of the department of rehabilitation and correction 5803
to continue serving the prison term to which the modification 5804
applied, and section 2971.06 of the Revised Code applies regarding 5805
the offender.5806

       (D)(1) If, at the conclusion of a hearing held pursuant to5807
division (A) of this section, the court determines by clear and5808
convincing evidence that the offender is unlikely to commit a5809
sexually violent offense in the future, the court may terminate 5810
the offender's prison term imposed under division (A)(3), 5811
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 5812
2971.03 of the Revised Code, subject to the offender5813
satisfactorily completing the period of conditional release 5814
required by this division and, if applicable, compliance with 5815
division (E) of this section. If the court terminates the prison 5816
term, the court shall place the offender on conditional release 5817
for five years, require the offender to comply with division (E) 5818
of this section, notify the adult parole authority of its5819
determination and of the termination of the prison term, and order 5820
the adult parole authority to supervise the offender during the 5821
five-year period of conditional release andor, if division (E) 5822
applies to the offender, to supervise the offender pursuant to and 5823
for the period of time specified in that division. If the court 5824
terminates the prison term for an offender whose prison term was 5825
imposed pursuant to division (A)(3) of section 2971.03 of the 5826
Revised Code, the court shall require that the authority's 5827
supervision of the offender be pursuant to division (E) of this 5828
section. If the court terminates the prison term for an offender 5829
whose prison term was imposed pursuant to division (B)(1)(a), (b), 5830
or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised 5831
Code, the court may require that the authority's supervision of 5832
the offender be pursuant to division (E) of this section. Upon 5833
receipt of a notice from a court pursuant to this division, the5834
adult parole authority shall supervise the offender who is the 5835
subject of the notice during the five-year period of conditional 5836
release, periodically notify the court of the offender's 5837
activities during that five-year period of conditional release, 5838
and file with the court no later than thirty days prior to the 5839
expiration of the five-year period of conditional release a 5840
written recommendation as to whether the termination of the 5841
offender's prison term should be finalized, whether the period of5842
conditional release should be extended, or whether another type of 5843
action authorized pursuant to this chapter should be taken.5844

       (2) Upon receipt of a recommendation of the adult parole 5845
authority filed pursuant to this division (D)(1) of this section, 5846
the court shall hold a hearing to determine whether to finalize 5847
the termination of the offender's prison term, to extend the 5848
period of conditional release, or to take another type of action 5849
authorized pursuant to this chapter. The court shall hold the5850
hearing no later than the date on which the five-year period of 5851
conditional release terminates and shall provide notice of the 5852
date, time, place, and purpose of the hearing to the offender and 5853
to the prosecuting attorney. At the hearing, the offender, the 5854
prosecuting attorney, and the adult parole authority employee who 5855
supervised the offender during the period of conditional release 5856
may make a statement and present evidence.5857

       (2) If the court determines at the hearing to extend an 5858
offender's period of conditional release, it may do so for 5859
additional periods of one year in the same manner as the original 5860
period of conditional release, and, except as otherwise described 5861
in this division, all procedures and requirements that applied to5862
the original period of conditional release apply to the additional 5863
period of extended conditional release unless the court modifies a 5864
procedure or requirement. If an offender's period of conditional 5865
release is extended as described in this division, all references 5866
to a five-year period of conditional release that are contained in 5867
division (D)(1) of this section shall be construed, in applying 5868
the provisions of that division to the extension, as being 5869
references to the one-year period of the extension of the5870
conditional release.5871

       If the court determines at the hearing to take another type 5872
of action authorized pursuant to this chapter, it may do so in the 5873
same manner as if the action had been taken at any other stage of 5874
the proceedings under this chapter. As used in this division, 5875
"another type of action" includes the revocation of the 5876
conditional release and the return of the offender to a state 5877
correctional institution to continue to serve the prison term.5878

       If the court determines at the hearing to finalize the 5879
termination of the offender's prison term, it shall notify the 5880
department of rehabilitation and correction, the department shall 5881
enter into its records a final release and issue to the offender a 5882
certificate of final release, and the prison term thereafter shall 5883
be considered completed and terminated in every way.5884

       (3) The termination of thean offender's prison term pursuant 5885
to division (D)(1) or (2) of this section does not affect the 5886
classification of the offender, as described in division (F) of 5887
section 2971.03 of the Revised Code, as a sexual predator for5888
purposes of Chapter 2950. of the Revised Code, and does not 5889
terminate the adult parole authority's supervision of a sexually 5890
violent predatorthe offender, and, if the court had required the 5891
supervision of the offender to be pursuant to division (E) of this 5892
section, does not terminate the supervision of the offender with 5893
an active global positioning system device, pursuant to that5894
division (E) of this section. The classification of the offender 5895
as a sexual predator is permanent and continues until the 5896
offender's death as described in division (D)(2) of section 5897
2950.09 of the Revised Code.5898

       (E) The adult parole authority shall superviseIf a prison 5899
term imposed upon an offender whose prison termpursuant to 5900
division (A)(3) of section 2971.03 of the Revised Code is modified 5901
as provided in division (C) of this section or whose prison term 5902
is terminated as provided in division (D) of this section, the 5903
adult parole authority shall supervise the offender with an active 5904
global positioning system device during any time period in which 5905
the offender is not incarcerated in a state correctional 5906
institution. UnlessIf a prison term imposed upon an offender 5907
pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) 5908
of section 2971.03 of the Revised Code is modified as provided in 5909
division (C) of this section or terminated as provided in division 5910
(D) of this section, and if the court requires that the adult 5911
parole authority's supervision of the offender be pursuant to this 5912
division, the authority shall supervise the offender with an 5913
active global positioning system device during any time period in 5914
which the offender is not incarcerated in a state correctional 5915
institution. If the adult parole authority is required to 5916
supervise the offender with an active global positioning system 5917
device as described in this division, unless the court removes the 5918
offender's classification as a sexually violent predator, an5919
regarding an offender whose prison term was imposed under division 5920
(A)(3) of section 2971.03 of the Revised Code or terminates the 5921
requirement that supervision of the offender be pursuant to this 5922
division regarding an offender whose prison term was imposed under 5923
division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 5924
2971.03 of the Revised Code, the offender is subject to 5925
supervision with an active global positioning system pursuant to 5926
this division for the offender's entire life. The costs of 5927
administering the supervision of sexually violent offenders with 5928
an active global positioning system device pursuant to this 5929
division shall be paid out of funds from the reparations fund, 5930
created pursuant to section 2743.191 of the Revised Code. This 5931
division shall only apply to a sexually violent predator sentenced 5932
pursuant to division (A)(3) of section 2971.03 of the Revised Code5933
who is released from the custody of the department of 5934
rehabilitation and correction on or after the effective date of 5935
this amendmentSeptember 29, 2005 or an offender sentenced 5936
pursuant to division (B)(1) or (2) of section 2971.03 of the 5937
Revised Code on or after the effective date of this amendment.5938

       Sec. 2971.06.  If an offender is serving a prison term 5939
imposed under division (A)(3), (B)(1)(a), (b), or (c), or 5940
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, if, 5941
pursuant to section 2971.05 of the Revised Code, the court5942
modifies the requirement that the offender serve the entire prison 5943
term in a state correctional institution or places the offender on 5944
conditional release, and if, at any time after the offender has 5945
been released from serving the term in an institution, the 5946
department of rehabilitation and correction or the prosecuting 5947
attorney learns or obtains information indicating that the 5948
offender has violated a term or condition of the modification or 5949
conditional release or believes there is a substantial likelihood 5950
that the offender has committed or is about to commit a sexually 5951
violent offense, all of the following apply:5952

       (A) The department or the prosecuting attorney may contact a 5953
peace officer, parole officer, or probation officer and request 5954
the officer to take the offender into custody. If the department 5955
contacts a peace officer, parole officer, or probation officer and 5956
requests that the offender be taken into custody, the department 5957
shall notify the prosecuting attorney that it made the request and 5958
shall provide the reasons for which it made the request. Upon 5959
receipt of a request that an offender be taken into custody, a 5960
peace officer, parole officer, or probation officer shall take the 5961
offender in question into custody and promptly shall notify the 5962
department and the prosecuting attorney, in writing, that the5963
offender was taken into custody. After the offender has been taken 5964
into custody, the department or the prosecuting attorney shall 5965
notify the court of the violation or the belief that there is a 5966
substantial likelihood that the offender has committed or is about 5967
to commit a sexually violent offense, and the prosecuting attorney 5968
may request that the court, pursuant to section 2971.05 of the 5969
Revised Code, revise the modification. An offender may be held in 5970
custody under this provision for no longer than thirty days,5971
pending a determination pursuant to section 2971.05 of the Revised 5972
Code of whether the modification of the requirement that the 5973
offender serve the entire prison term in a state correctional 5974
institution should be revised. If the court fails to make a 5975
determination under that section regarding the prosecuting 5976
attorney's request within thirty days after the offender was taken 5977
into custody, the offender shall be released from custody and 5978
shall be subject to the same terms and conditions as existed under 5979
the then-existing modification of the requirement that the 5980
offender serve the entire prison term in a state correctional 5981
institution, provided that if the act that resulted in the 5982
offender being taken into custody under this division is a 5983
criminal offense and if the offender is arrested for that act, the5984
offender may be retained in custody in accordance with the 5985
applicable law.5986

       (B) If the offender is not taken into custody pursuant to 5987
division (A) of this section, the department or the prosecuting 5988
attorney shall notify the court of the known or suspected5989
violation or of the belief that there is a substantial likelihood 5990
that the offender has committed or is about to commit a sexually 5991
violent offense. If the department provides the notification to 5992
the court, it also shall notify the prosecuting attorney that it 5993
provided the notification and shall provide the reasons for which 5994
it provided the notification. The prosecuting attorney may request 5995
that the court, pursuant to section 2971.05 of the Revised Code, 5996
revise the modification.5997

       Sec. 2971.07.  (A) This chapter does not apply to any 5998
offender unless the offender is convicted of or pleads guilty to a 5999
violent sex offense and also is convicted of or pleads guilty to a 6000
sexually violent predator specification that was included in the 6001
indictment, count in the indictment, or information charging that 6002
offense or, unless the offender is convicted of or pleads guilty 6003
to a designated homicide, assault, or kidnapping offense and also 6004
is convicted of or pleads guilty to both a sexual motivation 6005
specification and a sexually violent predator specification that 6006
were included in the indictment, count in the indictment, or 6007
information charging that offense, unless the offender is 6008
convicted of or pleads guilty to a violation of division (A)(1)(b) 6009
of section 2907.02 of the Revised Code committed on or after the 6010
effective date of this amendment, and the court does not sentence 6011
the offender to a term of life without parole pursuant to division 6012
(B) of section 2907.02 of the Revised Code or division (B) of that 6013
section prohibits the court from sentencing the offender pursuant 6014
to section 2971.03 of the Revised Code, or unless the offender is 6015
convicted of or pleads guilty to attempted rape committed on or 6016
after the effective date of this amendment and also is convicted 6017
of or pleads guilty to a specification of the type described in 6018
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code.6019

       (B) This chapter does not limit or affect a court that 6020
sentences an offender who is convicted of or pleads guilty to a 6021
violent sex offense and also is convicted of or pleads guilty to a 6022
sexually violent predator specification or, a court that sentences 6023
an offender who is convicted of or pleads guilty to a designated 6024
homicide, assault, or kidnapping offense and also is convicted of 6025
or pleads guilty to both a sexual motivation specification and a 6026
sexually violent predator specification, a court that sentences an 6027
offender who is convicted of or pleads guilty to a violation of 6028
division (A)(1)(b) of section 2907.02 of the Revised Code 6029
committed on or after the effective date of this amendment 6030
pursuant to section 2971.03 of the Revised Code, or a court that 6031
sentences an offender who is convicted of or pleads guilty to 6032
attempted rape committed on or after the effective date of this 6033
amendment and also is convicted of or pleads guilty to a 6034
specification of the type described in section 2941.1418, 6035
2941.1419, or 2941.1420 of the Revised Code in imposing upon the 6036
offender any financial sanction under section 2929.18 or any other 6037
section of the Revised Code, or, except as specifically provided 6038
in this chapter, any other sanction that is authorized or required 6039
for the offense or violation by any other provision of law.6040

       (C) If an offender is sentenced to a prison term under 6041
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) 6042
of section 2971.03 of the Revised Code and if, pursuant to section 6043
2971.05 of the Revised Code, the court modifies the requirement 6044
that the offender serve the entire prison term in a state 6045
correctional institution or places the offender on conditional 6046
release that involves the placement of the offender under the 6047
supervision of the adult parole authority, authorized field 6048
officers of the authority who are engaged within the scope of 6049
their supervisory duties or responsibilities may search, with or 6050
without a warrant, the person of the offender, the place of 6051
residence of the offender, and a motor vehicle, another item of 6052
tangible or intangible personal property, or any other real 6053
property in which the offender has the express or implied 6054
permission of a person with a right, title, or interest to use, 6055
occupy, or possess if the field officer has reasonable grounds to 6056
believe that the offender is not abiding by the law or otherwise 6057
is not complying with the terms and conditions of the offender's6058
modification or release. The authority shall provide each offender 6059
with a written notice that informs the offender that authorized 6060
field officers of the authority who are engaged within the scope 6061
of their supervisory duties or responsibilities may conduct those 6062
types of searches during the period of the modification or release 6063
if they have reasonable grounds to believe that the offender is 6064
not abiding by the law or otherwise is not complying with the6065
terms and conditions of the offender's modification or release.6066

       Sec. 3109.04.  (A) In any divorce, legal separation, or6067
annulment proceeding and in any proceeding pertaining to the6068
allocation of parental rights and responsibilities for the care of6069
a child, upon hearing the testimony of either or both parents and6070
considering any mediation report filed pursuant to section6071
3109.052 of the Revised Code and in accordance with sections 6072
3127.01 to 3127.53 of the Revised Code, the court shall allocate6073
the parental rights and responsibilities for the care of the minor6074
children of the marriage. Subject to division (D)(2) of this6075
section, the court may allocate the parental rights and6076
responsibilities for the care of the children in either of the6077
following ways:6078

       (1) If neither parent files a pleading or motion in6079
accordance with division (G) of this section, if at least one6080
parent files a pleading or motion under that division but no6081
parent who filed a pleading or motion under that division also6082
files a plan for shared parenting, or if at least one parent files6083
both a pleading or motion and a shared parenting plan under that6084
division but no plan for shared parenting is in the best interest6085
of the children, the court, in a manner consistent with the best6086
interest of the children, shall allocate the parental rights and6087
responsibilities for the care of the children primarily to one of6088
the parents, designate that parent as the residential parent and6089
the legal custodian of the child, and divide between the parents6090
the other rights and responsibilities for the care of the6091
children, including, but not limited to, the responsibility to6092
provide support for the children and the right of the parent who6093
is not the residential parent to have continuing contact with the6094
children.6095

       (2) If at least one parent files a pleading or motion in6096
accordance with division (G) of this section and a plan for shared6097
parenting pursuant to that division and if a plan for shared6098
parenting is in the best interest of the children and is approved6099
by the court in accordance with division (D)(1) of this section,6100
the court may allocate the parental rights and responsibilities6101
for the care of the children to both parents and issue a shared6102
parenting order requiring the parents to share all or some of the6103
aspects of the physical and legal care of the children in6104
accordance with the approved plan for shared parenting. If the6105
court issues a shared parenting order under this division and it6106
is necessary for the purpose of receiving public assistance, the6107
court shall designate which one of the parents' residences is to6108
serve as the child's home. The child support obligations of the6109
parents under a shared parenting order issued under this division6110
shall be determined in accordance with Chapters 3119., 3121.,6111
3123., and 3125. of the Revised Code.6112

       (B)(1) When making the allocation of the parental rights and6113
responsibilities for the care of the children under this section6114
in an original proceeding or in any proceeding for modification of6115
a prior order of the court making the allocation, the court shall6116
take into account that which would be in the best interest of the6117
children. In determining the child's best interest for purposes of 6118
making its allocation of the parental rights and responsibilities 6119
for the care of the child and for purposes of resolving any issues 6120
related to the making of that allocation, the court, in its 6121
discretion, may and, upon the request of either party, shall 6122
interview in chambers any or all of the involved children 6123
regarding their wishes and concerns with respect to the6124
allocation.6125

       (2) If the court interviews any child pursuant to division6126
(B)(1) of this section, all of the following apply:6127

       (a) The court, in its discretion, may and, upon the motion of 6128
either parent, shall appoint a guardian ad litem for the child.6129

       (b) The court first shall determine the reasoning ability of6130
the child. If the court determines that the child does not have6131
sufficient reasoning ability to express the child's wishes and6132
concern with respect to the allocation of parental rights and6133
responsibilities for the care of the child, it shall not determine6134
the child's wishes and concerns with respect to the allocation. If 6135
the court determines that the child has sufficient reasoning6136
ability to express the child's wishes or concerns with respect to6137
the allocation, it then shall determine whether, because of6138
special circumstances, it would not be in the best interest of the6139
child to determine the child's wishes and concerns with respect to6140
the allocation. If the court determines that, because of special6141
circumstances, it would not be in the best interest of the child6142
to determine the child's wishes and concerns with respect to the6143
allocation, it shall not determine the child's wishes and concerns6144
with respect to the allocation and shall enter its written6145
findings of fact and opinion in the journal. If the court6146
determines that it would be in the best interests of the child to6147
determine the child's wishes and concerns with respect to the6148
allocation, it shall proceed to make that determination.6149

       (c) The interview shall be conducted in chambers, and no6150
person other than the child, the child's attorney, the judge, any6151
necessary court personnel, and, in the judge's discretion, the6152
attorney of each parent shall be permitted to be present in the6153
chambers during the interview.6154

       (3) No person shall obtain or attempt to obtain from a child6155
a written or recorded statement or affidavit setting forth the6156
child's wishes and concerns regarding the allocation of parental6157
rights and responsibilities concerning the child. No court, in6158
determining the child's best interest for purposes of making its6159
allocation of the parental rights and responsibilities for the6160
care of the child or for purposes of resolving any issues related6161
to the making of that allocation, shall accept or consider a6162
written or recorded statement or affidavit that purports to set6163
forth the child's wishes and concerns regarding those matters.6164

       (C) Prior to trial, the court may cause an investigation to6165
be made as to the character, family relations, past conduct,6166
earning ability, and financial worth of each parent and may order6167
the parents and their minor children to submit to medical,6168
psychological, and psychiatric examinations. The report of the6169
investigation and examinations shall be made available to either6170
parent or the parent's counsel of record not less than five days6171
before trial, upon written request. The report shall be signed by6172
the investigator, and the investigator shall be subject to6173
cross-examination by either parent concerning the contents of the6174
report. The court may tax as costs all or any part of the expenses 6175
for each investigation.6176

       If the court determines that either parent previously has6177
been convicted of or pleaded guilty to any criminal offense6178
involving any act that resulted in a child being a neglected6179
child, that either parent previously has been determined to be the6180
perpetrator of the neglectful act that is the basis of an6181
adjudication that a child is a neglected child, or that there is6182
reason to believe that either parent has acted in a manner6183
resulting in a child being a neglected child, the court shall6184
consider that fact against naming that parent the residential6185
parent and against granting a shared parenting decree. When the6186
court allocates parental rights and responsibilities for the care6187
of children or determines whether to grant shared parenting in any6188
proceeding, it shall consider whether either parent or any member 6189
of the household of either parent has been convicted of or pleaded 6190
guilty to a violation of section 2919.25 of the Revised Code or a 6191
sexually oriented offense involving a victim who at the time of 6192
the commission of the offense was a member of the family or 6193
household that is the subject of the proceeding, has been 6194
convicted of or pleaded guilty to any sexually oriented offense or6195
other offense involving a victim who at the time of the commission 6196
of the offense was a member of the family or household that is the 6197
subject of the proceeding and caused physical harm to the victim 6198
in the commission of the offense, or has been determined to be the 6199
perpetrator of the abusive act that is the basis of an 6200
adjudication that a child is an abused child. If the court 6201
determines that either parent has been convicted of or pleaded 6202
guilty to a violation of section 2919.25 of the Revised Code or a 6203
sexually oriented offense involving a victim who at the time of 6204
the commission of the offense was a member of the family or 6205
household that is the subject of the proceeding, has been 6206
convicted of or pleaded guilty to any sexually oriented offense or6207
other offense involving a victim who at the time of the commission 6208
of the offense was a member of the family or household that is the 6209
subject of the proceeding and caused physical harm to the victim 6210
in the commission of the offense, or has been determined to be the 6211
perpetrator of the abusive act that is the basis of an 6212
adjudication that a child is an abused child, it may designate 6213
that parent as the residential parent and may issue a shared 6214
parenting decree or order only if it determines that it is in the 6215
best interest of the child to name that parent the residential 6216
parent or to issue a shared parenting decree or order and it makes 6217
specific written findings of fact to support its determination.6218

       (D)(1)(a) Upon the filing of a pleading or motion by either6219
parent or both parents, in accordance with division (G) of this6220
section, requesting shared parenting and the filing of a shared6221
parenting plan in accordance with that division, the court shall6222
comply with division (D)(1)(a)(i), (ii), or (iii) of this section,6223
whichever is applicable:6224

       (i) If both parents jointly make the request in their6225
pleadings or jointly file the motion and also jointly file the6226
plan, the court shall review the parents' plan to determine if it6227
is in the best interest of the children. If the court determines6228
that the plan is in the best interest of the children, the court6229
shall approve it. If the court determines that the plan or any6230
part of the plan is not in the best interest of the children, the6231
court shall require the parents to make appropriate changes to the6232
plan to meet the court's objections to it. If changes to the plan6233
are made to meet the court's objections, and if the new plan is in6234
the best interest of the children, the court shall approve the6235
plan. If changes to the plan are not made to meet the court's6236
objections, or if the parents attempt to make changes to the plan6237
to meet the court's objections, but the court determines that the6238
new plan or any part of the new plan still is not in the best6239
interest of the children, the court may reject the portion of the6240
parents' pleadings or deny their motion requesting shared6241
parenting of the children and proceed as if the request in the6242
pleadings or the motion had not been made. The court shall not6243
approve a plan under this division unless it determines that the6244
plan is in the best interest of the children.6245

       (ii) If each parent makes a request in the parent's pleadings 6246
or files a motion and each also files a separate plan, the court 6247
shall review each plan filed to determine if either is in the best 6248
interest of the children. If the court determines that one of the 6249
filed plans is in the best interest of the children, the court may 6250
approve the plan. If the court determines that neither filed plan 6251
is in the best interest of the children, the court may order each 6252
parent to submit appropriate changes to the parent's plan or both 6253
of the filed plans to meet the court's objections, or may select 6254
one of the filed plans and order each parent to submit appropriate 6255
changes to the selected plan to meet the court's objections. If 6256
changes to the plan or plans are submitted to meet the court's 6257
objections, and if any of the filed plans with the changes is in 6258
the best interest of the children, the court may approve the plan 6259
with the changes. If changes to the plan or plans are not 6260
submitted to meet the court's objections, or if the parents submit 6261
changes to the plan or plans to meet the court's objections but 6262
the court determines that none of the filed plans with the 6263
submitted changes is in the best interest of the children, the 6264
court may reject the portion of the parents' pleadings or deny 6265
their motions requesting shared parenting of the children and 6266
proceed as if the requests in the pleadings or the motions had not 6267
been made. If the court approves a plan under this division, 6268
either as originally filed or with submitted changes, or if the 6269
court rejects the portion of the parents' pleadings or denies 6270
their motions requesting shared parenting under this division and 6271
proceeds as if the requests in the pleadings or the motions had 6272
not been made, the court shall enter in the record of the case 6273
findings of fact and conclusions of law as to the reasons for the 6274
approval or the rejection or denial. Division (D)(1)(b) of this 6275
section applies in relation to the approval or disapproval of a 6276
plan under this division.6277

       (iii) If each parent makes a request in the parent's6278
pleadings or files a motion but only one parent files a plan, or6279
if only one parent makes a request in the parent's pleadings or6280
files a motion and also files a plan, the court in the best6281
interest of the children may order the other parent to file a plan6282
for shared parenting in accordance with division (G) of this6283
section. The court shall review each plan filed to determine if6284
any plan is in the best interest of the children. If the court6285
determines that one of the filed plans is in the best interest of6286
the children, the court may approve the plan. If the court6287
determines that no filed plan is in the best interest of the6288
children, the court may order each parent to submit appropriate6289
changes to the parent's plan or both of the filed plans to meet6290
the court's objections or may select one filed plan and order each6291
parent to submit appropriate changes to the selected plan to meet6292
the court's objections. If changes to the plan or plans are6293
submitted to meet the court's objections, and if any of the filed6294
plans with the changes is in the best interest of the children,6295
the court may approve the plan with the changes. If changes to the 6296
plan or plans are not submitted to meet the court's objections, or 6297
if the parents submit changes to the plan or plans to meet the 6298
court's objections but the court determines that none of the filed 6299
plans with the submitted changes is in the best interest of the6300
children, the court may reject the portion of the parents'6301
pleadings or deny the parents' motion or reject the portion of the 6302
parents' pleadings or deny their motions requesting shared6303
parenting of the children and proceed as if the request or6304
requests or the motion or motions had not been made. If the court6305
approves a plan under this division, either as originally filed or6306
with submitted changes, or if the court rejects the portion of the6307
pleadings or denies the motion or motions requesting shared6308
parenting under this division and proceeds as if the request or6309
requests or the motion or motions had not been made, the court6310
shall enter in the record of the case findings of fact and6311
conclusions of law as to the reasons for the approval or the6312
rejection or denial. Division (D)(1)(b) of this section applies in 6313
relation to the approval or disapproval of a plan under this6314
division.6315

       (b) The approval of a plan under division (D)(1)(a)(ii) or6316
(iii) of this section is discretionary with the court. The court6317
shall not approve more than one plan under either division and6318
shall not approve a plan under either division unless it6319
determines that the plan is in the best interest of the children.6320
If the court, under either division, does not determine that any6321
filed plan or any filed plan with submitted changes is in the best6322
interest of the children, the court shall not approve any plan.6323

       (c) Whenever possible, the court shall require that a shared6324
parenting plan approved under division (D)(1)(a)(i), (ii), or6325
(iii) of this section ensure the opportunity for both parents to6326
have frequent and continuing contact with the child, unless6327
frequent and continuing contact with any parent would not be in6328
the best interest of the child.6329

       (d) If a court approves a shared parenting plan under6330
division (D)(1)(a)(i), (ii), or (iii) of this section, the6331
approved plan shall be incorporated into a final shared parenting6332
decree granting the parents the shared parenting of the children.6333
Any final shared parenting decree shall be issued at the same time6334
as and shall be appended to the final decree of dissolution,6335
divorce, annulment, or legal separation arising out of the action6336
out of which the question of the allocation of parental rights and6337
responsibilities for the care of the children arose.6338

       No provisional shared parenting decree shall be issued in6339
relation to any shared parenting plan approved under division6340
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared6341
parenting decree issued under this division has immediate effect6342
as a final decree on the date of its issuance, subject to6343
modification or termination as authorized by this section.6344

       (2) If the court finds, with respect to any child under6345
eighteen years of age, that it is in the best interest of the6346
child for neither parent to be designated the residential parent6347
and legal custodian of the child, it may commit the child to a6348
relative of the child or certify a copy of its findings, together6349
with as much of the record and the further information, in6350
narrative form or otherwise, that it considers necessary or as the6351
juvenile court requests, to the juvenile court for further6352
proceedings, and, upon the certification, the juvenile court has6353
exclusive jurisdiction.6354

       (E)(1)(a) The court shall not modify a prior decree6355
allocating parental rights and responsibilities for the care of6356
children unless it finds, based on facts that have arisen since6357
the prior decree or that were unknown to the court at the time of6358
the prior decree, that a change has occurred in the circumstances6359
of the child, the child's residential parent, or either of the6360
parents subject to a shared parenting decree, and that the6361
modification is necessary to serve the best interest of the child.6362
In applying these standards, the court shall retain the6363
residential parent designated by the prior decree or the prior6364
shared parenting decree, unless a modification is in the best6365
interest of the child and one of the following applies:6366

       (i) The residential parent agrees to a change in the6367
residential parent or both parents under a shared parenting decree6368
agree to a change in the designation of residential parent.6369

       (ii) The child, with the consent of the residential parent or 6370
of both parents under a shared parenting decree, has been6371
integrated into the family of the person seeking to become the6372
residential parent.6373

       (iii) The harm likely to be caused by a change of environment 6374
is outweighed by the advantages of the change of environment to 6375
the child.6376

       (b) One or both of the parents under a prior decree6377
allocating parental rights and responsibilities for the care of6378
children that is not a shared parenting decree may file a motion6379
requesting that the prior decree be modified to give both parents6380
shared rights and responsibilities for the care of the children.6381
The motion shall include both a request for modification of the6382
prior decree and a request for a shared parenting order that6383
complies with division (G) of this section. Upon the filing of the 6384
motion, if the court determines that a modification of the prior 6385
decree is authorized under division (E)(1)(a) of this section, the 6386
court may modify the prior decree to grant a shared parenting 6387
order, provided that the court shall not modify the prior decree 6388
to grant a shared parenting order unless the court complies with 6389
divisions (A) and (D)(1) of this section and, in accordance with 6390
those divisions, approves the submitted shared parenting plan and 6391
determines that shared parenting would be in the best interest of 6392
the children.6393

       (2) In addition to a modification authorized under division6394
(E)(1) of this section:6395

       (a) Both parents under a shared parenting decree jointly may6396
modify the terms of the plan for shared parenting approved by the6397
court and incorporated by it into the shared parenting decree.6398
Modifications under this division may be made at any time. The6399
modifications to the plan shall be filed jointly by both parents6400
with the court, and the court shall include them in the plan,6401
unless they are not in the best interest of the children. If the6402
modifications are not in the best interests of the children, the6403
court, in its discretion, may reject the modifications or make6404
modifications to the proposed modifications or the plan that are6405
in the best interest of the children. Modifications jointly6406
submitted by both parents under a shared parenting decree shall be6407
effective, either as originally filed or as modified by the court,6408
upon their inclusion by the court in the plan. Modifications to6409
the plan made by the court shall be effective upon their inclusion6410
by the court in the plan.6411

       (b) The court may modify the terms of the plan for shared6412
parenting approved by the court and incorporated by it into the6413
shared parenting decree upon its own motion at any time if the6414
court determines that the modifications are in the best interest6415
of the children or upon the request of one or both of the parents6416
under the decree. Modifications under this division may be made at 6417
any time. The court shall not make any modification to the plan 6418
under this division, unless the modification is in the best6419
interest of the children.6420

       (c) The court may terminate a prior final shared parenting6421
decree that includes a shared parenting plan approved under6422
division (D)(1)(a)(i) of this section upon the request of one or6423
both of the parents or whenever it determines that shared6424
parenting is not in the best interest of the children. The court6425
may terminate a prior final shared parenting decree that includes6426
a shared parenting plan approved under division (D)(1)(a)(ii) or6427
(iii) of this section if it determines, upon its own motion or6428
upon the request of one or both parents, that shared parenting is6429
not in the best interest of the children. If modification of the6430
terms of the plan for shared parenting approved by the court and6431
incorporated by it into the final shared parenting decree is6432
attempted under division (E)(2)(a) of this section and the court6433
rejects the modifications, it may terminate the final shared6434
parenting decree if it determines that shared parenting is not in6435
the best interest of the children.6436

       (d) Upon the termination of a prior final shared parenting6437
decree under division (E)(2)(c) of this section, the court shall6438
proceed and issue a modified decree for the allocation of parental6439
rights and responsibilities for the care of the children under the6440
standards applicable under divisions (A), (B), and (C) of this6441
section as if no decree for shared parenting had been granted and6442
as if no request for shared parenting ever had been made.6443

       (F)(1) In determining the best interest of a child pursuant6444
to this section, whether on an original decree allocating parental6445
rights and responsibilities for the care of children or a6446
modification of a decree allocating those rights and6447
responsibilities, the court shall consider all relevant factors,6448
including, but not limited to:6449

       (a) The wishes of the child's parents regarding the child's6450
care;6451

       (b) If the court has interviewed the child in chambers6452
pursuant to division (B) of this section regarding the child's6453
wishes and concerns as to the allocation of parental rights and6454
responsibilities concerning the child, the wishes and concerns of6455
the child, as expressed to the court;6456

       (c) The child's interaction and interrelationship with the6457
child's parents, siblings, and any other person who may6458
significantly affect the child's best interest;6459

       (d) The child's adjustment to the child's home, school, and6460
community;6461

       (e) The mental and physical health of all persons involved in 6462
the situation;6463

       (f) The parent more likely to honor and facilitate6464
court-approved parenting time rights or visitation and6465
companionship rights;6466

       (g) Whether either parent has failed to make all child6467
support payments, including all arrearages, that are required of6468
that parent pursuant to a child support order under which that6469
parent is an obligor;6470

       (h) Whether either parent or any member of the household of 6471
either parent previously has been convicted of or pleaded guilty 6472
to any criminal offense involving any act that resulted in a child 6473
being an abused child or a neglected child; whether either parent, 6474
in a case in which a child has been adjudicated an abused child or 6475
a neglected child, previously has been determined to be the 6476
perpetrator of the abusive or neglectful act that is the basis of 6477
an adjudication; whether either parent or any member of the 6478
household of either parent previously has been convicted of or 6479
pleaded guilty to a violation of section 2919.25 of the Revised 6480
Code or a sexually oriented offense involving a victim who at the 6481
time of the commission of the offense was a member of the family 6482
or household that is the subject of the current proceeding;6483
whether either parent or any member of the household of either 6484
parent previously has been convicted of or pleaded guilty to any 6485
offense involving a victim who at the time of the commission of 6486
the offense was a member of the family or household that is the 6487
subject of the current proceeding and caused physical harm to the 6488
victim in the commission of the offense; and whether there is 6489
reason to believe that either parent has acted in a manner 6490
resulting in a child being an abused child or a neglected child;6491

       (i) Whether the residential parent or one of the parents6492
subject to a shared parenting decree has continuously and6493
willfully denied the other parent's right to parenting time in6494
accordance with an order of the court;6495

       (j) Whether either parent has established a residence, or is6496
planning to establish a residence, outside this state.6497

       (2) In determining whether shared parenting is in the best6498
interest of the children, the court shall consider all relevant6499
factors, including, but not limited to, the factors enumerated in6500
division (F)(1) of this section, the factors enumerated in section 6501
3119.23 of the Revised Code, and all of the following factors:6502

       (a) The ability of the parents to cooperate and make6503
decisions jointly, with respect to the children;6504

       (b) The ability of each parent to encourage the sharing of6505
love, affection, and contact between the child and the other6506
parent;6507

       (c) Any history of, or potential for, child abuse, spouse6508
abuse, other domestic violence, or parental kidnapping by either6509
parent;6510

       (d) The geographic proximity of the parents to each other, as 6511
the proximity relates to the practical considerations of shared6512
parenting;6513

       (e) The recommendation of the guardian ad litem of the child, 6514
if the child has a guardian ad litem.6515

       (3) When allocating parental rights and responsibilities for6516
the care of children, the court shall not give preference to a6517
parent because of that parent's financial status or condition.6518

       (G) Either parent or both parents of any children may file a6519
pleading or motion with the court requesting the court to grant6520
both parents shared parental rights and responsibilities for the6521
care of the children in a proceeding held pursuant to division (A)6522
of this section. If a pleading or motion requesting shared6523
parenting is filed, the parent or parents filing the pleading or6524
motion also shall file with the court a plan for the exercise of6525
shared parenting by both parents. If each parent files a pleading6526
or motion requesting shared parenting but only one parent files a6527
plan or if only one parent files a pleading or motion requesting6528
shared parenting and also files a plan, the other parent as6529
ordered by the court shall file with the court a plan for the6530
exercise of shared parenting by both parents. The plan for shared6531
parenting shall be filed with the petition for dissolution of6532
marriage, if the question of parental rights and responsibilities6533
for the care of the children arises out of an action for6534
dissolution of marriage, or, in other cases, at a time at least6535
thirty days prior to the hearing on the issue of the parental6536
rights and responsibilities for the care of the children. A plan6537
for shared parenting shall include provisions covering all factors6538
that are relevant to the care of the children, including, but not6539
limited to, provisions covering factors such as physical living6540
arrangements, child support obligations, provision for the6541
children's medical and dental care, school placement, and the6542
parent with which the children will be physically located during6543
legal holidays, school holidays, and other days of special6544
importance.6545

       (H) If an appeal is taken from a decision of a court that6546
grants or modifies a decree allocating parental rights and6547
responsibilities for the care of children, the court of appeals6548
shall give the case calendar priority and handle it expeditiously.6549

       (I) As used in this section, "abused:6550

       (1) "Abused child" has the same meaning as in section 6551
2151.031 of the Revised Code, and "neglected child" has the same 6552
meaning as in section 2151.03 of the Revised Code.6553

       (2) "Sexually oriented offense" has the same meaning as in 6554
section 2950.01 of the Revised Code.6555

       (J) As used in the Revised Code, "shared parenting" means6556
that the parents share, in the manner set forth in the plan for6557
shared parenting that is approved by the court under division6558
(D)(1) and described in division (K)(6) of this section, all or6559
some of the aspects of physical and legal care of their children.6560

       (K) For purposes of the Revised Code:6561

       (1) A parent who is granted the care, custody, and control of 6562
a child under an order that was issued pursuant to this section6563
prior to April 11, 1991, and that does not provide for shared6564
parenting has "custody of the child" and "care, custody, and6565
control of the child" under the order, and is the "residential6566
parent," the "residential parent and legal custodian," or the6567
"custodial parent" of the child under the order.6568

       (2) A parent who primarily is allocated the parental rights6569
and responsibilities for the care of a child and who is designated6570
as the residential parent and legal custodian of the child under6571
an order that is issued pursuant to this section on or after April6572
11, 1991, and that does not provide for shared parenting has6573
"custody of the child" and "care, custody, and control of the6574
child" under the order, and is the "residential parent," the6575
"residential parent and legal custodian," or the "custodial6576
parent" of the child under the order.6577

       (3) A parent who is not granted custody of a child under an6578
order that was issued pursuant to this section prior to April 11,6579
1991, and that does not provide for shared parenting is the6580
"parent who is not the residential parent," the "parent who is not6581
the residential parent and legal custodian," or the "noncustodial6582
parent" of the child under the order.6583

       (4) A parent who is not primarily allocated the parental6584
rights and responsibilities for the care of a child and who is not6585
designated as the residential parent and legal custodian of the6586
child under an order that is issued pursuant to this section on or6587
after April 11, 1991, and that does not provide for shared6588
parenting is the "parent who is not the residential parent," the6589
"parent who is not the residential parent and legal custodian," or6590
the "noncustodial parent" of the child under the order.6591

       (5) Unless the context clearly requires otherwise, if an6592
order is issued by a court pursuant to this section and the order6593
provides for shared parenting of a child, both parents have6594
"custody of the child" or "care, custody, and control of the6595
child" under the order, to the extent and in the manner specified6596
in the order.6597

       (6) Unless the context clearly requires otherwise and except6598
as otherwise provided in the order, if an order is issued by a6599
court pursuant to this section and the order provides for shared6600
parenting of a child, each parent, regardless of where the child6601
is physically located or with whom the child is residing at a6602
particular point in time, as specified in the order, is the6603
"residential parent," the "residential parent and legal6604
custodian," or the "custodial parent" of the child.6605

       (7) Unless the context clearly requires otherwise and except6606
as otherwise provided in the order, a designation in the order of6607
a parent as the residential parent for the purpose of determining6608
the school the child attends, as the custodial parent for purposes6609
of claiming the child as a dependent pursuant to section 152(e) of6610
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.6611
1, as amended, or as the residential parent for purposes of6612
receiving public assistance pursuant to division (A)(2) of this6613
section, does not affect the designation pursuant to division6614
(K)(6) of this section of each parent as the "residential parent,"6615
the "residential parent and legal custodian," or the "custodial6616
parent" of the child.6617

       (L) The court shall require each parent of a child to file an 6618
affidavit attesting as to whether the parent, and the members of 6619
the parent's household, have been convicted of or pleaded guilty 6620
to any of the offenses identified in divisions (C) and (F)(1)(h) 6621
of this section.6622

       Sec. 3113.31.  (A) As used in this section:6623

       (1) "Domestic violence" means the occurrence of one or more6624
of the following acts against a family or household member:6625

       (a) Attempting to cause or recklessly causing bodily injury;6626

       (b) Placing another person by the threat of force in fear of6627
imminent serious physical harm or committing a violation of6628
section 2903.211 or 2911.211 of the Revised Code;6629

       (c) Committing any act with respect to a child that would6630
result in the child being an abused child, as defined in section6631
2151.031 of the Revised Code;6632

       (d) Committing a sexually oriented offense.6633

       (2) "Court" means the domestic relations division of the6634
court of common pleas in counties that have a domestic relations6635
division, and the court of common pleas in counties that do not6636
have a domestic relations division.6637

       (3) "Family or household member" means any of the following:6638

       (a) Any of the following who is residing with or has resided6639
with the respondent:6640

       (i) A spouse, a person living as a spouse, or a former spouse 6641
of the respondent;6642

       (ii) A parent or a child of the respondent, or another person 6643
related by consanguinity or affinity to the respondent;6644

       (iii) A parent or a child of a spouse, person living as a6645
spouse, or former spouse of the respondent, or another person6646
related by consanguinity or affinity to a spouse, person living as6647
a spouse, or former spouse of the respondent.6648

       (b) The natural parent of any child of whom the respondent is 6649
the other natural parent or is the putative other natural parent.6650

       (4) "Person living as a spouse" means a person who is living6651
or has lived with the respondent in a common law marital6652
relationship, who otherwise is cohabiting with the respondent, or6653
who otherwise has cohabited with the respondent within five years6654
prior to the date of the alleged occurrence of the act in6655
question.6656

       (5) "Victim advocate" means a person who provides support and 6657
assistance for a person who files a petition under this section.6658

       (6) "Sexually oriented offense" has the same meaning as in 6659
section 2950.01 of the Revised Code.6660

       (B) The court has jurisdiction over all proceedings under6661
this section. The petitioner's right to relief under this section6662
is not affected by the petitioner's leaving the residence or6663
household to avoid further domestic violence.6664

       (C) A person may seek relief under this section on the6665
person's own behalf, or any parent or adult household member may6666
seek relief under this section on behalf of any other family or6667
household member, by filing a petition with the court. The6668
petition shall contain or state:6669

       (1) An allegation that the respondent engaged in domestic6670
violence against a family or household member of the respondent,6671
including a description of the nature and extent of the domestic6672
violence, or committed a sexually oriented offense against the 6673
petitioner or the victim if other than the petitioner;6674

       (2) The relationship of the respondent to the petitioner, and 6675
to the victim if other than the petitioner;6676

       (3) A request for relief under this section.6677

       (D)(1) If a person who files a petition pursuant to this6678
section requests an ex parte order, the court shall hold an ex6679
parte hearing on the same day that the petition is filed. The6680
court, for good cause shown at the ex parte hearing, may enter any6681
temporary orders, with or without bond, including, but not limited6682
to, an order described in division (E)(1)(a), (b), or (c) of this6683
section, that the court finds necessary to protect the family or6684
household member from domestic violence or to protect the 6685
petitioner or victim from a sexually oriented offense. Immediate 6686
and present danger of domestic violence to the family or household6687
member or of a sexually oriented offense to the petitioner or 6688
victim constitutes good cause for purposes of this section.6689
Immediate and present danger includes, but is not limited to,6690
situations in which the respondent has threatened the family or6691
household member with bodily harm, in which the respondent has 6692
threatened the petitioner or victimfamily or household member6693
with a sexually oriented offense, or in which the respondent6694
previously has been convicted of or pleaded guilty to an offense 6695
that constitutes domestic violence against the family or household 6696
member or a sexually oriented offense against the petitioner or 6697
victim.6698

       (2)(a) If the court, after an ex parte hearing, issues an6699
order described in division (E)(1)(b) or (c) of this section, the6700
court shall schedule a full hearing for a date that is within6701
seven court days after the ex parte hearing. If any other type of6702
protection order that is authorized under division (E) of this6703
section is issued by the court after an ex parte hearing, the6704
court shall schedule a full hearing for a date that is within ten6705
court days after the ex parte hearing. The court shall give the6706
respondent notice of, and an opportunity to be heard at, the full6707
hearing. The court shall hold the full hearing on the date6708
scheduled under this division unless the court grants a6709
continuance of the hearing in accordance with this division. Under6710
any of the following circumstances or for any of the following6711
reasons, the court may grant a continuance of the full hearing to6712
a reasonable time determined by the court:6713

       (i) Prior to the date scheduled for the full hearing under6714
this division, the respondent has not been served with the6715
petition filed pursuant to this section and notice of the full6716
hearing.6717

       (ii) The parties consent to the continuance.6718

       (iii) The continuance is needed to allow a party to obtain6719
counsel.6720

       (iv) The continuance is needed for other good cause.6721

       (b) An ex parte order issued under this section does not6722
expire because of a failure to serve notice of the full hearing6723
upon the respondent before the date set for the full hearing under6724
division (D)(2)(a) of this section or because the court grants a6725
continuance under that division.6726

       (3) If a person who files a petition pursuant to this section6727
does not request an ex parte order, or if a person requests an ex6728
parte order but the court does not issue an ex parte order after6729
an ex parte hearing, the court shall proceed as in a normal civil6730
action and grant a full hearing on the matter.6731

       (E)(1) After an ex parte or full hearing, the court may grant 6732
any protection order, with or without bond, or approve any consent 6733
agreement to bring about a cessation of domestic violence against 6734
the family or household members. The order or agreement may:6735

       (a) Direct the respondent to refrain from abusing or from 6736
committing sexually oriented offenses against the family or 6737
household members, or from committing sexually oriented offenses 6738
against the petitioner or victim;6739

       (b) Grant possession of the residence or household to the6740
petitioner or other family or household member, to the exclusion6741
of the respondent, by evicting the respondent, when the residence6742
or household is owned or leased solely by the petitioner or other6743
family or household member, or by ordering the respondent to6744
vacate the premises, when the residence or household is jointly6745
owned or leased by the respondent, and the petitioner or other6746
family or household member;6747

       (c) When the respondent has a duty to support the petitioner6748
or other family or household member living in the residence or6749
household and the respondent is the sole owner or lessee of the6750
residence or household, grant possession of the residence or6751
household to the petitioner or other family or household member,6752
to the exclusion of the respondent, by ordering the respondent to6753
vacate the premises, or, in the case of a consent agreement, allow6754
the respondent to provide suitable, alternative housing;6755

       (d) Temporarily allocate parental rights and responsibilities 6756
for the care of, or establish temporary parenting time rights with 6757
regard to, minor children, if no other court has determined, or is 6758
determining, the allocation of parental rights and6759
responsibilities for the minor children or parenting time rights;6760

       (e) Require the respondent to maintain support, if the6761
respondent customarily provides for or contributes to the support6762
of the family or household member, or if the respondent has a duty6763
to support the petitioner or family or household member;6764

       (f) Require the respondent, petitioner, victim of domestic6765
violence, or any combination of those persons, to seek counseling;6766

       (g) Require the respondent to refrain from entering the6767
residence, school, business, or place of employment of the6768
petitioner or family or household member;6769

       (h) Grant other relief that the court considers equitable and 6770
fair, including, but not limited to, ordering the respondent to 6771
permit the use of a motor vehicle by the petitioner or other6772
family or household member and the apportionment of household and6773
family personal property.6774

       (2) If a protection order has been issued pursuant to this6775
section in a prior action involving the respondent and the6776
petitioner or one or more of the family or household members or 6777
victims, the court may include in a protection order that it 6778
issues a prohibition against the respondent returning to the 6779
residence or household. If it includes a prohibition against the6780
respondent returning to the residence or household in the order, 6781
it also shall include in the order provisions of the type 6782
described in division (E)(7) of this section. This division does 6783
not preclude the court from including in a protection order or 6784
consent agreement, in circumstances other than those described in 6785
this division, a requirement that the respondent be evicted from 6786
or vacate the residence or household or refrain from entering the6787
residence, school, business, or place of employment of the6788
petitioner or a family or household member, and, if the court6789
includes any requirement of that type in an order or agreement,6790
the court also shall include in the order provisions of the type6791
described in division (E)(7) of this section.6792

       (3)(a) Any protection order issued or consent agreement6793
approved under this section shall be valid until a date certain,6794
but not later than five years from the date of its issuance or6795
approval unless modified or terminated as provided in division 6796
(E)(8) of this section.6797

       (b) Subject to the limitation on the duration of an order or6798
agreement set forth in division (E)(3)(a) of this section, any6799
order under division (E)(1)(d) of this section shall terminate on6800
the date that a court in an action for divorce, dissolution of6801
marriage, or legal separation brought by the petitioner or6802
respondent issues an order allocating parental rights and6803
responsibilities for the care of children or on the date that a6804
juvenile court in an action brought by the petitioner or6805
respondent issues an order awarding legal custody of minor6806
children. Subject to the limitation on the duration of an order or6807
agreement set forth in division (E)(3)(a) of this section, any6808
order under division (E)(1)(e) of this section shall terminate on6809
the date that a court in an action for divorce, dissolution of6810
marriage, or legal separation brought by the petitioner or6811
respondent issues a support order or on the date that a juvenile6812
court in an action brought by the petitioner or respondent issues6813
a support order.6814

       (c) Any protection order issued or consent agreement approved 6815
pursuant to this section may be renewed in the same manner as the 6816
original order or agreement was issued or approved.6817

       (4) A court may not issue a protection order that requires a6818
petitioner to do or to refrain from doing an act that the court6819
may require a respondent to do or to refrain from doing under6820
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this6821
section unless all of the following apply:6822

       (a) The respondent files a separate petition for a protection 6823
order in accordance with this section.6824

       (b) The petitioner is served notice of the respondent's6825
petition at least forty-eight hours before the court holds a6826
hearing with respect to the respondent's petition, or the6827
petitioner waives the right to receive this notice.6828

       (c) If the petitioner has requested an ex parte order6829
pursuant to division (D) of this section, the court does not delay6830
any hearing required by that division beyond the time specified in6831
that division in order to consolidate the hearing with a hearing6832
on the petition filed by the respondent.6833

       (d) After a full hearing at which the respondent presents6834
evidence in support of the request for a protection order and the6835
petitioner is afforded an opportunity to defend against that6836
evidence, the court determines that the petitioner has committed6837
an act of domestic violence or has violated a temporary protection6838
order issued pursuant to section 2919.26 of the Revised Code, that6839
both the petitioner and the respondent acted primarily as6840
aggressors, and that neither the petitioner nor the respondent6841
acted primarily in self-defense.6842

       (5) No protection order issued or consent agreement approved6843
under this section shall in any manner affect title to any real6844
property.6845

       (6)(a) If a petitioner, or the child of a petitioner, who6846
obtains a protection order or consent agreement pursuant to6847
division (E)(1) of this section or a temporary protection order6848
pursuant to section 2919.26 of the Revised Code and is the subject6849
of a parenting time order issued pursuant to section 3109.051 or6850
3109.12 of the Revised Code or a visitation or companionship order6851
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the6852
Revised Code or division (E)(1)(d) of this section granting6853
parenting time rights to the respondent, the court may require the6854
public children services agency of the county in which the court6855
is located to provide supervision of the respondent's exercise of6856
parenting time or visitation or companionship rights with respect6857
to the child for a period not to exceed nine months, if the court6858
makes the following findings of fact:6859

       (i) The child is in danger from the respondent;6860

       (ii) No other person or agency is available to provide the6861
supervision.6862

       (b) A court that requires an agency to provide supervision6863
pursuant to division (E)(6)(a) of this section shall order the6864
respondent to reimburse the agency for the cost of providing the6865
supervision, if it determines that the respondent has sufficient6866
income or resources to pay that cost.6867

       (7)(a) If a protection order issued or consent agreement6868
approved under this section includes a requirement that the6869
respondent be evicted from or vacate the residence or household or6870
refrain from entering the residence, school, business, or place of6871
employment of the petitioner or a family or household member, the6872
order or agreement shall state clearly that the order or agreement6873
cannot be waived or nullified by an invitation to the respondent6874
from the petitioner or other family or household member to enter6875
the residence, school, business, or place of employment or by the6876
respondent's entry into one of those places otherwise upon the6877
consent of the petitioner or other family or household member.6878

       (b) Division (E)(7)(a) of this section does not limit any6879
discretion of a court to determine that a respondent charged with6880
a violation of section 2919.27 of the Revised Code, with a6881
violation of a municipal ordinance substantially equivalent to6882
that section, or with contempt of court, which charge is based on6883
an alleged violation of a protection order issued or consent6884
agreement approved under this section, did not commit the6885
violation or was not in contempt of court.6886

       (8)(a) The court may modify or terminate as provided in 6887
division (E)(8) of this section a protection order or consent 6888
agreement that was issued after a full hearing under this section. 6889
The court that issued the protection order or approved the consent 6890
agreement shall hear a motion for modification or termination of 6891
the protection order or consent agreement pursuant to division 6892
(E)(8) of this section.6893

       (b) Either the petitioner or the respondent of the original 6894
protection order or consent agreement may bring a motion for 6895
modification or termination of a protection order or consent 6896
agreement that was issued or approved after a full hearing. The 6897
court shall require notice of the motion to be made as provided by 6898
the Rules of Civil Procedure. If the petitioner for the original 6899
protection order or consent agreement has requested that the 6900
petitioner's address be kept confidential, the court shall not 6901
disclose the address to the respondent of the original protection 6902
order or consent agreement or any other person, except as 6903
otherwise required by law. The moving party has the burden of 6904
proof to show, by a preponderance of the evidence, that 6905
modification or termination of the protection order or consent 6906
agreement is appropriate because either the protection order or 6907
consent agreement is no longer needed or because the terms of the 6908
original protection order or consent agreement are no longer 6909
appropriate.6910

       (c) In considering whether to modify or terminate a 6911
protection order or consent agreement issued or approved under 6912
this section, the court shall consider all relevant factors, 6913
including, but not limited to, the following:6914

       (i) Whether the petitioner consents to modification or 6915
termination of the protection order or consent agreement;6916

       (ii) Whether the petitioner fears the respondent;6917

       (iii) The current nature of the relationship between the 6918
petitioner and the respondent;6919

       (iv) The circumstances of the petitioner and respondent, 6920
including the relative proximity of the petitioner's and 6921
respondent's workplaces and residences and whether the petitioner 6922
and respondent have minor children together;6923

       (v) Whether the respondent has complied with the terms and 6924
conditions of the original protection order or consent agreement;6925

       (vi) Whether the respondent has a continuing involvement with 6926
illegal drugs or alcohol;6927

       (vii) Whether the respondent has been convicted of or pleaded 6928
guilty to an offense of violence since the issuance of the 6929
protection order or approval of the consent agreement;6930

       (viii) Whether any other protection orders, consent 6931
agreements, restraining orders, or no contact orders have been 6932
issued against the respondent pursuant to this section, section 6933
2919.26 of the Revised Code, any other provision of state law, or 6934
the law of any other state;6935

       (ix) Whether the respondent has participated in any domestic 6936
violence treatment, intervention program, or other counseling 6937
addressing domestic violence and whether the respondent has 6938
completed the treatment, program, or counseling;6939

       (x) The time that has elapsed since the protection order was 6940
issued or since the consent agreement was approved;6941

       (xi) The age and health of the respondent;6942

       (xii) When the last incident of abuse, threat of harm, or 6943
commission of a sexually oriented offense occurred or other 6944
relevant information concerning the safety and protection of the 6945
petitioner or other protected parties.6946

       (d) If a protection order or consent agreement is modified or 6947
terminated as provided in division (E)(8) of this section, the 6948
court shall issue copies of the modified or terminated order or 6949
agreement as provided in division (F) of this section. A 6950
petitioner may also provide notice of the modification or 6951
termination to the judicial and law enforcement officials in any 6952
county other than the county in which the order or agreement is 6953
modified or terminated as provided in division (N) of this 6954
section.6955

       (e) If the respondent moves for modification or termination 6956
of a protection order or consent agreement pursuant to this 6957
section, the court may assess costs against the respondent for the 6958
filing of the motion.6959

       (F)(1) A copy of any protection order, or consent agreement,6960
that is issued or, approved, modified, or terminated under this 6961
section shall be issued by the court to the petitioner, to the 6962
respondent, and to all law enforcement agencies that have 6963
jurisdiction to enforce the order or agreement. The court shall 6964
direct that a copy of an order be delivered to the respondent on 6965
the same day that the order is entered.6966

       (2) All law enforcement agencies shall establish and maintain 6967
an index for the protection orders and the approved consent 6968
agreements delivered to the agencies pursuant to division (F)(1) 6969
of this section. With respect to each order and consent agreement 6970
delivered, each agency shall note on the index the date and time 6971
that it received the order or consent agreement.6972

       (3) Regardless of whether the petitioner has registered the6973
order or agreement in the county in which the officer's agency has6974
jurisdiction pursuant to division (N) of this section, any officer6975
of a law enforcement agency shall enforce a protection order6976
issued or consent agreement approved by any court in this state in6977
accordance with the provisions of the order or agreement,6978
including removing the respondent from the premises, if6979
appropriate.6980

       (G) Any proceeding under this section shall be conducted in6981
accordance with the Rules of Civil Procedure, except that an order6982
under this section may be obtained with or without bond. An order6983
issued under this section, other than an ex parte order, that6984
grants a protection order or approves a consent agreement, or that6985
refuses to grant a protection order or approve a consent agreement 6986
that modifies or terminates a protection order or consent 6987
agreement, or that refuses to modify or terminate a protection 6988
order or consent agreement, is a final, appealable order. The 6989
remedies and procedures provided in this section are in addition 6990
to, and not in lieu of, any other available civil or criminal 6991
remedies.6992

       (H) The filing of proceedings under this section does not6993
excuse a person from filing any report or giving any notice6994
required by section 2151.421 of the Revised Code or by any other6995
law. When a petition under this section alleges domestic violence6996
against minor children, the court shall report the fact, or cause6997
reports to be made, to a county, township, or municipal peace6998
officer under section 2151.421 of the Revised Code.6999

       (I) Any law enforcement agency that investigates a domestic7000
dispute shall provide information to the family or household7001
members involved regarding the relief available under this section7002
and section 2919.26 of the Revised Code.7003

       (J) Notwithstanding any provision of law to the contrary and7004
regardless of whether a protection order is issued or a consent7005
agreement is approved by a court of another county or a court of7006
another state, no court or unit of state or local government shall7007
charge any fee, cost, deposit, or money in connection with the 7008
filing of a petition pursuant to this section or in connection7009
with the filing, issuance, registration, or service of a7010
protection order or consent agreement, or for obtaining a7011
certified copy of a protection order or consent agreement.7012

       (K)(1) The court shall comply with Chapters 3119., 3121.,7013
3123., and 3125. of the Revised Code when it makes or modifies an7014
order for child support under this section.7015

       (2) If any person required to pay child support under an7016
order made under this section on or after April 15, 1985, or7017
modified under this section on or after December 31, 1986, is7018
found in contempt of court for failure to make support payments7019
under the order, the court that makes the finding, in addition to7020
any other penalty or remedy imposed, shall assess all court costs7021
arising out of the contempt proceeding against the person and7022
require the person to pay any reasonable attorney's fees of any7023
adverse party, as determined by the court, that arose in relation7024
to the act of contempt.7025

       (L)(1) A person who violates a protection order issued or a7026
consent agreement approved under this section is subject to the7027
following sanctions:7028

       (a) Criminal prosecution for a violation of section 2919.277029
of the Revised Code, if the violation of the protection order or7030
consent agreement constitutes a violation of that section;7031

       (b) Punishment for contempt of court.7032

       (2) The punishment of a person for contempt of court for7033
violation of a protection order issued or a consent agreement7034
approved under this section does not bar criminal prosecution of7035
the person for a violation of section 2919.27 of the Revised Code.7036
However, a person punished for contempt of court is entitled to7037
credit for the punishment imposed upon conviction of a violation7038
of that section, and a person convicted of a violation of that7039
section shall not subsequently be punished for contempt of court7040
arising out of the same activity.7041

       (M) In all stages of a proceeding under this section, a7042
petitioner may be accompanied by a victim advocate.7043

       (N)(1) A petitioner who obtains a protection order or consent 7044
agreement under this section or a temporary protection order under 7045
section 2919.26 of the Revised Code may provide notice of the 7046
issuance or approval of the order or agreement to the judicial and 7047
law enforcement officials in any county other than the county in 7048
which the order is issued or the agreement is approved by7049
registering that order or agreement in the other county pursuant 7050
to division (N)(2) of this section and filing a copy of the 7051
registered order or registered agreement with a law enforcement 7052
agency in the other county in accordance with that division. A 7053
person who obtains a protection order issued by a court of another 7054
state may provide notice of the issuance of the order to the7055
judicial and law enforcement officials in any county of this state 7056
by registering the order in that county pursuant to section 7057
2919.272 of the Revised Code and filing a copy of the registered 7058
order with a law enforcement agency in that county.7059

       (2) A petitioner may register a temporary protection order,7060
protection order, or consent agreement in a county other than the7061
county in which the court that issued the order or approved the7062
agreement is located in the following manner:7063

       (a) The petitioner shall obtain a certified copy of the order 7064
or agreement from the clerk of the court that issued the order or 7065
approved the agreement and present that certified copy to the 7066
clerk of the court of common pleas or the clerk of a municipal7067
court or county court in the county in which the order or7068
agreement is to be registered.7069

       (b) Upon accepting the certified copy of the order or7070
agreement for registration, the clerk of the court of common7071
pleas, municipal court, or county court shall place an endorsement7072
of registration on the order or agreement and give the petitioner7073
a copy of the order or agreement that bears that proof of7074
registration.7075

       (3) The clerk of each court of common pleas, the clerk of7076
each municipal court, and the clerk of each county court shall7077
maintain a registry of certified copies of temporary protection7078
orders, protection orders, or consent agreements that have been7079
issued or approved by courts in other counties and that have been7080
registered with the clerk.7081

       Sec. 5120.49.  The department of rehabilitation and7082
correction, by rule adopted under Chapter 119. of the Revised 7083
Code, shall prescribe standards and guidelines to be used by the 7084
parole board in determining, pursuant to section 2971.04 of the 7085
Revised Code, whether it should terminate its control over an 7086
offender's service of a prison term imposed upon the offender 7087
under division (A)(3) of section 2971.03 of the Revised Code for 7088
conviction of or a plea of guilty to a violent sex offense and a 7089
sexually violent predator specification or for conviction of or a 7090
plea of guilty to a designated homicide, assault, or kidnapping 7091
offense and both a sexual motivation specification and a sexually 7092
violent predator specification, imposed upon the offender under 7093
division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised 7094
Code for conviction of or a plea of guilty to a violation of 7095
division (A)(1)(b) of section 2907.02 of the Revised Code 7096
committed on or after the effective date of this amendment, or 7097
imposed upon the offender under division (B)(2)(a), (b), or (c) of 7098
section 2971.03 of the Revised Code for conviction of or a plea of 7099
guilty to attempted rape committed on or after the effective date 7100
of this amendment and a conviction of or plea of guilty to a 7101
specification of the type described in section 2941.1418, 7102
2941.1419, or 2941.1420 of the Revised Code. The rules shall 7103
include provisions that specify that the parole board may not 7104
terminate its control over an offender's service of a prison term7105
imposed upon the offender under that divisioneither of the 7106
specified divisions until after the offender has served the7107
minimum term imposed as part of that prison term and until the 7108
parole board has determined that the offender does not represent a7109
substantial risk of physical harm to others.7110

       Sec. 5120.61.  (A)(1) Not later than ninety days after the7111
effective date of this sectionJanuary 1, 1997, the department of 7112
rehabilitation and correction shall adopt standards that it will 7113
use under this section to assess a criminal offender who is 7114
convicted of or pleads guilty to a violent sex offense or 7115
designated homicide, assault, or kidnapping offense and is 7116
adjudicated a sexually violent predator in relation to that 7117
offense, who is convicted of or pleads guilty to a violation of 7118
division (A)(1)(b) of section 2907.02 of the Revised Code 7119
committed on or after the effective date of this amendment and 7120
either who is sentenced under section 2971.03 of the Revised Code 7121
or upon whom a sentence of life without parole is imposed under 7122
division (B) of section 2907.02 of the Revised Code, or who is 7123
convicted of or pleads guilty to attempted rape committed on or 7124
after the effective date of this amendment and a specification of 7125
the type described in section 2941.1418, 2941.1419, or 2941.1420 7126
of the Revised Code. The department may periodically revise the 7127
standards.7128

       (2) When the department is requested by the parole board or 7129
the court to provide a risk assessment report of the offender 7130
under section 2971.04 or 2971.05 of the Revised Code, it shall 7131
assess the offender and complete the assessment as soon as 7132
possible after the offender has commenced serving the prison term 7133
or term of life imprisonment without parole imposed under division 7134
(A), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 7135
2971.03 of the Revised Code. Thereafter, the department shall 7136
update a risk assessment report pertaining to an offender as 7137
follows:7138

       (a) Periodically, in the discretion of the department, 7139
provided that each report shall be updated no later than two years 7140
after its initial preparation or most recent update;7141

       (b) Upon the request of the parole board for use in 7142
determining pursuant to section 2971.04 of the Revised Code 7143
whether it should terminate its control over an offender's service 7144
of a prison term imposed upon the offender under division (A)(3), 7145
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 7146
2971.03 of the Revised Code;7147

       (c) Upon the request of the court.7148

       (3) After the department of rehabilitation and correction7149
assesses an offender pursuant to division (A)(2) of this section, 7150
it shall prepare a report that contains its risk assessment for 7151
the offender or, if a risk assessment report previously has been 7152
prepared, it shall update the risk assessment report.7153

       (4) The department of rehabilitation and correction shall 7154
provide each risk assessment report that it prepares or updates 7155
pursuant to this section regarding an offender to all of the 7156
following:7157

       (a) The parole board for its use in determining pursuant to7158
section 2971.04 of the Revised Code whether it should terminate 7159
its control over an offender's service of a prison term imposed 7160
upon the offender under division (A)(3), (B)(1)(a), (b), or (c), 7161
or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, 7162
if the parole board has not terminated its control over the 7163
offender;7164

       (b) The court for use in determining, pursuant to section 7165
2971.05 of the Revised Code, whether to modify the requirement 7166
that the offender serve the entire prison term imposed upon the 7167
offender under division (A)(3), (B)(1)(a), (b), or (c), or 7168
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code in a 7169
state correctional institution, whether to revise any modification 7170
previously made, or whether to terminate the prison term;7171

       (c) The prosecuting attorney who prosecuted the case, or the7172
successor in office to that prosecuting attorney;7173

       (d) The offender.7174

       (B) When the department of rehabilitation and correction7175
provides a risk assessment report regarding an offender to the7176
parole board or court pursuant to division (A)(4)(a) or (b) of 7177
this section, the department, prior to the parole board's or 7178
court's hearing, also shall provide to the offender or to the 7179
offender's attorney of record a copy of the report and a copy of 7180
any other relevant documents the department possesses regarding 7181
the offender that the department does not consider to be 7182
confidential.7183

       (C) As used in this section:7184

        (1) "Adjudicated a sexually violent predator" has the same 7185
meaning as in section 2929.01 of the Revised Code, and a person is 7186
"adjudicated a sexually violent predator" in the same manner and 7187
the same circumstances as are described in that section.7188

        (2) "Designated homicide, assault, or kidnapping offense" and 7189
"violent sex offense" have the same meanings as in section 2971.01 7190
of the Revised Code.7191

       Sec. 5120.66.  (A) Within ninety days after the effective 7192
date of this sectionNovember 23, 2005, but not before January 1, 7193
2006, the department of rehabilitation and correction shall 7194
establish and operate on the internet a database that contains all 7195
of the following:7196

       (1) For each inmate in the custody of the department under a 7197
sentence imposed for a conviction of or plea of guilty to any 7198
offense, all of the following information:7199

       (a) The inmate's name;7200

       (b) For each offense for which the inmate was sentenced to a 7201
prison term or term of imprisonment and is in the department's 7202
custody, the name of the offense, the Revised Code section of 7203
which the offense is a violation, the gender of each victim of the 7204
offense if those facts are known, whether each victim of the 7205
offense was an adult or child if those facts are known, the range 7206
of the possible prison terms or term of imprisonment that could 7207
have been imposed for the offense, the actual prison term or term 7208
of imprisonment imposed for the offense, the county in which the 7209
offense was committed, the date on which the inmate began serving 7210
the prison term or term of imprisonment imposed for the offense, 7211
and either the date on which the inmate will be eligible for 7212
parole relative to the offense if the prison term or term of 7213
imprisonment is an indefinite term or life term or the date on 7214
which the term ends if the prison term is a definite term;7215

       (c) All of the following information that is applicable 7216
regarding the inmate:7217

       (i) If known to the department prior to the conduct of any 7218
hearing for judicial release of the defendant pursuant to section 7219
2929.20 of the Revised Code in relation to any prison term or term 7220
of imprisonment the inmate is serving for any offense, notice of 7221
the fact that the inmate will be having a hearing regarding a 7222
possible grant of judicial release, the date of the hearing, and 7223
the right of any person pursuant to division (J) of that section 7224
to submit to the court a written statement regarding the possible 7225
judicial release;7226

       (ii) If the inmate is serving a prison term pursuant to 7227
division (A)(3) of section 2971.03 of the Revised Code as a 7228
sexually violent predator who committed a sexually violent 7229
offense, a prison term pursuant to division (B)(1)(a), (b), or (c) 7230
of section 2971.03 of the Revised Code imposed for a violation of 7231
division (A)(1)(b) of section 2907.02 of the Revised Code 7232
committed on or after the effective date of this amendment, a 7233
prison term pursuant to division (B)(2)(a) of section 2971.03 of 7234
the Revised Code imposed for attempted rape committed on or after 7235
the effective date of this amendment and a specification of the 7236
type described in section 2941.1418 of the Revised Code, a prison 7237
term pursuant to division (B)(2)(b) of section 2971.03 of the 7238
Revised Code imposed for attempted rape committed on or after the 7239
effective date of this amendment and a specification of the type 7240
described in section 2941.1419 of the Revised Code, or a prison 7241
term pursuant to division (B)(2)(c) of section 2971.03 of the 7242
Revised Code imposed for attempted rape committed on or after the 7243
effective date of this amendment and a specification of the type 7244
described in section 2941.1420 of the Revised Code, prior to the 7245
conduct of any hearing pursuant to section 2971.05 of the Revised 7246
Code to determine whether to modify the requirement that the 7247
inmate serve the entire prison term in a state correctional 7248
facility in accordance with division (C) of that section, whether 7249
to continue, revise, or revoke any existing modification of that 7250
requirement, or whether to terminate the prison term in accordance 7251
with division (D) of that section, notice of the fact that the 7252
inmate will be having a hearing regarding those determinations and 7253
of the date of the hearing;7254

       (iii) At least three weeks before the adult parole authority 7255
recommends a pardon or commutation of sentence for the inmate or 7256
at least three weeks prior to a hearing before the adult parole 7257
authority regarding a grant of parole to the inmate in relation to 7258
any prison term or term of imprisonment the inmate is serving for 7259
any offense, notice of the fact that the inmate might be under 7260
consideration for a pardon or commutation of sentence or will be 7261
having a hearing regarding a possible grant of parole, of the date 7262
of any hearing regarding a possible grant of parole, and of the 7263
right of any person to submit a written statement regarding the 7264
pending action;7265

       (iv) At least three weeks before the inmate has a hearing 7266
regarding a transfer to transitional control under section 2967.26 7267
of the Revised Code in relation to any prison term or term of 7268
imprisonment the inmate is serving for any offense, notice of the 7269
pendency of the transfer, of the date of the possible transfer, 7270
and of the right of any person to submit a statement regarding the 7271
possible transfer;7272

       (v) Prompt notice of the inmate's escape from any facility in 7273
which the inmate was incarcerated and of the capture of the inmate 7274
after an escape;7275

       (vi) Notice of the inmate's death while in confinement;7276

       (vii) Prior to the release of the inmate from confinement, 7277
notice of the fact that the inmate will be released, of the date 7278
of the release, and, if applicable, of the standard terms and 7279
conditions of the release;7280

       (viii) Notice of the inmate's judicial release.7281

       (2) Information as to where a person can send written 7282
statements of the types referred to in divisions (A)(1)(c)(i), 7283
(iii), and (iv) of this section.7284

       (B)(1) The department shall update the database required 7285
under division (A) of this section every twenty-four hours to 7286
ensure that the information it contains is accurate and current.7287

       (2) The database required under division (A) of this section 7288
is a public record open for inspection under section 149.43 of the 7289
Revised Code. The department shall make the database searchable by 7290
inmate name and by the county and zip code where the offender 7291
intends to reside after release from a state correctional 7292
institution if this information is known to the department.7293

       (3) The database required under division (A) of this section 7294
may contain information regarding inmates who are listed in the 7295
database in addition to the information described in that 7296
division.7297

       (4) No information included on the database required under 7298
division (A) of this section shall identify or enable the 7299
identification of any victim of any offense committed by an 7300
inmate.7301

       (C) The failure of the department to comply with the 7302
requirements of division (A) or (B) of this section does not give 7303
any rights or any grounds for appeal or post-conviction relief to 7304
any inmate.7305

       (D) This section, and the related provisions of sections 7306
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted 7307
in the act in which this section was enacted, shall be known as 7308
"Laura's Law."7309

       Sec. 5149.10.  (A) The parole board shall consist of up to7310
twelve members, one of whom shall be designated as chairperson by7311
the director of the department of rehabilitation and correction7312
and who shall continue as chairperson until a successor is7313
designated, and any other personnel that are necessary for the7314
orderly performance of the duties of the board. In addition to the 7315
rules authorized by section 5149.02 of the Revised Code, the chief 7316
of the adult parole authority, subject to the approval of the7317
chief of the division of parole and community services and subject 7318
to this section, shall adopt rules governing the proceedings of 7319
the parole board. The rules shall provide for the convening of 7320
full board hearings, the procedures to be followed in full board7321
hearings, and general procedures to be followed in other hearings7322
of the board and by the board's hearing officers. The rules also7323
shall require agreement by a majority of all the board members to7324
any recommendation of clemency transmitted to the governor.7325

       When the board members sit as a full board, the chairperson7326
shall preside. The chairperson shall also allocate the work of the 7327
parole board among the board members. The full board shall meet at 7328
least once each month. In the case of a tie vote on the full 7329
board, the chief of the adult parole authority shall cast the7330
deciding vote. The chairperson may designate a person to serve in7331
the chairperson's place.7332

       Except as otherwise provided in division (B) of this section,7333
no person shall be appointed a member of the board who is not7334
qualified by education or experience in correctional work,7335
including law enforcement, prosecution of offenses, advocating for7336
the rights of victims of crime, probation, or parole, in law, in7337
social work, or in a combination of the three categories.7338

       (B) The director of rehabilitation and correction, in7339
consultation with the governor, shall appoint one member of the7340
board, who shall be a person who has been a victim of crime or who7341
is a member of a victim's family or who represents an organization7342
that advocates for the rights of victims of crime. After7343
appointment, this member shall be an unclassified employee of the7344
department of rehabilitation and correction.7345

       The initial appointment shall be for a term ending four years7346
after the effective date of this amendment. Thereafter, the term7347
of office of the member appointed under this division shall be for7348
four years, with each term ending on the same day of the same7349
month as did the term that it succeeds. The member shall hold7350
office from the date of appointment until the end of the term for7351
which the member was appointed and may be reappointed. Vacancies7352
shall be filled in the manner provided for original appointments.7353
Any member appointed under this division to fill a vacancy7354
occurring prior to the expiration date of the term for which the7355
member's predecessor was appointed shall hold office as a member7356
for the remainder of that term. The member appointed under this7357
division shall continue in office subsequent to the expiration7358
date of the member's term until the member's successor takes7359
office or until a period of sixty days has elapsed, whichever7360
occurs first.7361

       The member appointed under this division shall be compensated7362
in the same manner as other board members and shall be reimbursed7363
for actual and necessary expenses incurred in the performance of7364
the members' duties. The member may vote on all cases heard by the7365
full board under section 5149.101 of the Revised Code, has such 7366
duties as are assigned by the chairperson of the board, and shall 7367
coordinate the member's activities with the office of victims' 7368
services created under section 5120.60 of the Revised Code.7369

       As used in this division, "crime," "member of the victim's7370
family," and "victim" have the meanings given in section 2930.017371
of the Revised Code.7372

       (C) The chairperson shall submit all recommendations for or7373
against clemency directly to the governor.7374

       (D) The chairperson shall transmit to the chief of the adult7375
parole authority all determinations for or against parole made by7376
the board. Parole determinations are final and are not subject to7377
review or change by the chief.7378

       (E) In addition to its duties pertaining to parole and7379
clemency, if an offender is sentenced to a prison term pursuant to7380
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c)7381
of section 2971.03 of the Revised Code, the parole board shall 7382
have control over the offender's service of the prison term during 7383
the entire term unless the board terminates its control in 7384
accordance with section 2971.04 of the Revised Code. The parole 7385
board may terminate its control over the offender's service of the 7386
prison term only in accordance with section 2971.04 of the Revised 7387
Code.7388

       Section 2. That existing sections 109.42, 2743.191, 2903.212, 7389
2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02, 7390
2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 7391
2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03, 7392
2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49, 7393
5120.61, 5120.66, and 5149.10 of the Revised Code are hereby 7394
repealed.7395

       Section 3.  (A) Section 2930.16 of the Revised Code is 7396
presented in this act as a composite of the section as amended by 7397
both Am. Sub. H.B. 375 and Am. Sub. H.B. 473 of the 125th General 7398
Assembly. The General Assembly, applying the principle stated in 7399
division (B) of section 1.52 of the Revised Code that amendments 7400
are to be harmonized if reasonably capable of simultaneous 7401
operation, finds that the composite is the resulting version of 7402
the section in effect prior to the effective date of the section 7403
as presented in this act.7404

       (B) Section 2929.01 of the Revised Code is presented in this 7405
act as a composite of the section as amended by both Am. Sub. H.B. 7406
95 and Am. Sub. H.B. 162 of the 126th General Assembly. The 7407
General Assembly, applying the principle stated in division (B) of 7408
section 1.52 of the Revised Code that amendments are to be 7409
harmonized if reasonably capable of simultaneous operation, finds 7410
that the composite is the resulting version of the section in 7411
effect prior to the effective date of the section as presented in 7412
this act.7413

       Section 4. It is the intent of the General Assembly that the 7414
offense of child rape described in division (A)(1)(b) of section 7415
2907.02 of the Revised Code, as enacted by this act, prevails over 7416
the offense of sexual battery committed against a person who is 7417
under the age of thirteen as described in section 2907.03 of the 7418
Revised Code in circumstances when a person violates the 7419
prohibitions of both offenses.7420

       Section 5. (A) There is hereby created the Adam Walsh study 7421
committee which shall submit recommendations to the General 7422
Assembly regarding the legislative changes that are needed to 7423
conform Ohio law to the federal Sex Offender Registration and 7424
Notification Act, Pub. L. No. 109-249 (the "Adam Walsh Act").7425

       (B) The committee shall be comprised of the following persons 7426
who shall serve without compensation:7427

       (1) Two members of the House of Representatives who are from 7428
the majority party, selected by the Speaker of the House of 7429
Representatives, one of whom is to be designated as a co-chair of 7430
the committee;7431

       (2) One member of the House of Representatives who is from 7432
the minority party, selected by the Speaker of the House of 7433
Representatives;7434

       (3) Two members of the Senate who are from the majority 7435
party, selected by the President of the Senate, one of whom is to 7436
be designated as a co-chair of the committee;7437

       (4) One member of the Senate who is from the minority party, 7438
selected by the President of the Senate;7439

       (5) A representative of the Ohio Prosecuting Attorneys 7440
Association;7441

       (6) A representative of the Attorney General's Office;7442

       (7) A representative of the Ohio Department of Rehabilitation 7443
and Correction;7444

       (8) A representative of the Ohio Department of Youth 7445
Services;7446

       (9) A representative of the Office of the Ohio Public 7447
Defender;7448

       (10) A representative of the Ohio Judicial Conference;7449

       (11) A representative of the Ohio Office of Criminal Justice 7450
Services.7451

       (C) The committee shall submit recommendations to the General 7452
Assembly by March 30, 2007, regarding legislative changes that are 7453
needed to qualify for the federal Sex Offender Management 7454
Assistance Program authorized by the federal Sex Offender 7455
Notification and Registration Act. Any other recommendations of 7456
the committee shall be submitted to the General Assembly by 7457
December 31, 2007. Upon submission of the final recommendations, 7458
the committee shall cease to exist.7459

       Section 6. This act is hereby declared to be an emergency 7460
measure necessary for the immediate preservation of the public 7461
peace, health, and safety. The reason for such necessity is that 7462
the penalty provisions of this act are crucially needed to 7463
increase protection for the children of this state from being 7464
victimized by serious, violent sex offenses involving sexual 7465
conduct. Therefore, this act shall go into immediate effect.7466